R. v. Leblanc

R. v. Leblanc

The court granted the s.714.1 application because the witnesses reside in another province and requiring physical attendance would cause significant hardship and cost, the evidence could be effectively presented and monitored via video link with safeguards in place, and the use of technology would not impair the accused's ability to make full answer and defence or to cross-examine; accordingly virtual testimony was appropriate with specified conditions.

Citation
2014 NSPC 118
Parties
Prosecution: Her Majesty the Queen; Accused: Shawn Derrick Leblanc
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 December 2014
Procedural Posture
Criminal / Pre Trial Application Under S.714.1 for Video Appearance (application Heard Dec 22, 2014)
Outcome
Application granted under Criminal Code s.714.1
Legal Topics
Video Link Testimony, Witness Testimony, Confrontation Rights, Section 714.1 Criminal Code, Section 486.2 Criminal Code, Credibility Assessment
Source Language
English
Criminal Law Evidence Procedural Law Child Witness Law Video Link Testimony Witness Testimony Confrontation Rights Section 714.1 Criminal Code +2 more

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Parties

Her Majesty the Queen

Prosecution

Shawn Derrick Leblanc

Accused

Procedural Posture

Criminal / Pre Trial Application Under S.714.1 for Video Appearance (application Heard Dec 22, 2014)

Legal Issues

  1. 1 Whether to order the complainant and mother to testify by video link under s.714.1
  2. 2 Whether an order under s.486.2 is required if s.714.1 is denied
  3. 3 Whether video testimony would impair the accused's ability to make full answer and defence or assess credibility

Ratio Decidendi

The court granted the s.714.1 application because the witnesses reside in another province and requiring physical attendance would cause significant hardship and cost, the evidence could be effectively presented and monitored via video link with safeguards in place, and the use of technology would not impair the accused's ability to make full answer and defence or to cross-examine; accordingly virtual testimony was appropriate with specified conditions.

Court Disposition

Application granted under Criminal Code s.714.1

Orders

  • J.H. and R.H. shall testify by video link in a manner in which both can be seen and heard and questioned by all parties.
  • Their evidence will be given in a courtroom in the Provincial Court in Lloydminster, Alberta, or at the office of Victims' Services in Lloydminster, Alberta.