R. v. Carlson

R. v. Carlson

The court found the Crown's applications met the statutory tests and exercises its independent gatekeeping role to grant the requested witness accommodations: s.486.1(2) orders permitting specified complainants to testify with support persons; s.486.2(2) orders permitting certain complainants to testify from outside the courtroom via court CCTV; s.714.1 orders permitting NR to testify by videoconference from Abbotsford and HR by videoconference from Victoria, subject to procedural logistics and a condition that the Crown disclose identified support persons by 6 May 2024 and the defence notify objections by 20 May 2024; the court retained jurisdiction to revisit any order if technological...

Citation
2024 BCSC 504
Parties
Crown: Rex; Accused: Joel Eric Carlson; Complainant: CW; Complainant: NR; Complainant: CH; Complainant: AA; Complainant: TL; Complainant: KT; Complainant: TS; Complainant: HR; Complainant: BM
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 March 2024
Procedural Posture
Criminal Sexual Assault / Pre Trial Applications for Witness Accommodation and Testimony by Videoconference
Outcome
Applications granted in part and with conditions as set out in the reasons.
Legal Topics
Witness Accommodation, Videoconference Testimony, Support Person Orders, Publication Ban, Statutory Interpretation of S.486.1 S.486.2 S.714.1, J.l.k. Precedent
Source Language
English
Criminal Law Evidence Victims and Witnesses Procedural Law Witness Accommodation Videoconference Testimony Support Person Orders Publication Ban +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Crown

Joel Eric Carlson

Accused

CW

Complainant

NR

Complainant

CH

Complainant

AA

Complainant

TL

Complainant

KT

Complainant

TS

Complainant

HR

Complainant

BM

Complainant

Procedural Posture

Criminal Sexual Assault / Pre Trial Applications for Witness Accommodation and Testimony by Videoconference

Legal Issues

  1. 1 Whether witnesses may testify with support persons under s.486.1(2) of the Criminal Code
  2. 2 Whether witnesses may testify from outside the courtroom via CCTV under s.486.2(2) of the Criminal Code
  3. 3 Whether witnesses may testify by videoconference from another location under s.714.1 of the Criminal Code

Ratio Decidendi

The court found the Crown's applications met the statutory tests and exercises its independent gatekeeping role to grant the requested witness accommodations: s.486.1(2) orders permitting specified complainants to testify with support persons; s.486.2(2) orders permitting certain complainants to testify from outside the courtroom via court CCTV; s.714.1 orders permitting NR to testify by videoconference from Abbotsford and HR by videoconference from Victoria, subject to procedural logistics and a condition that the Crown disclose identified support persons by 6 May 2024 and the defence notify objections by 20 May 2024; the court retained jurisdiction to revisit any order if technological...

Court Disposition

Applications granted in part and with conditions as set out in the reasons.

Orders

  • Publication ban on any information that would identify the complainants pursuant to s.486.4(1) of the Criminal Code
  • Order under s.486.1(2) permitting CW, NR, CH, AA, TL, KT, TS and HR to testify in the immediate presence of a support person; Crown to identify each support person in writing by 6 May 2024 and defence to advise objections by 20 May 2024