R. v. B.T.J.

R. v. B.T.J.

The applications under ss.486.1(2) and 486.2(2) were granted because the judge accepted the complainant's credible evidence of significant mental health issues and subjective fear which would impede full and candid testimony; the statutory factors in subsection (3) favored accommodation and any potential prejudice to the accused was outweighed and manageable through jury instruction.

Citation
2021 BCSC 2264
Parties
Crown: Regina; Accused: B.T.J.; Complainant: M.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 September 2021
Procedural Posture
Criminal Sexual Assault / Voir Dire on Application for Witness Accommodations Prior to Jury Trial
Outcome
Applications allowed
Legal Topics
Witness Accommodations, Support Animal (courthouse Facility Dog), Testimony From Behind a Screen, S.486.1 Criminal Code, S.486.2 Criminal Code
Source Language
English
Criminal Law Evidence Victims and Witness Protection Court Procedure Witness Accommodations Support Animal (courthouse Facility Dog) Testimony From Behind a Screen S.486.1 Criminal Code +1 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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

B.T.J.

Accused

M.L.

Complainant

Procedural Posture

Criminal Sexual Assault / Voir Dire on Application for Witness Accommodations Prior to Jury Trial

Legal Issues

  1. 1 Whether to allow a courthouse facility support animal pursuant to s.486.1(2)
  2. 2 Whether to allow the complainant to testify from behind a screen pursuant to s.486.2(2)
  3. 3 Balancing witness accommodation against the accused's right to make full answer and defence

Ratio Decidendi

The applications under ss.486.1(2) and 486.2(2) were granted because the judge accepted the complainant's credible evidence of significant mental health issues and subjective fear which would impede full and candid testimony; the statutory factors in subsection (3) favored accommodation and any potential prejudice to the accused was outweighed and manageable through jury instruction.

Court Disposition

Applications allowed

Orders

  • Order under s.486.1(2) Criminal Code permitting the complainant to have a courthouse facility support dog (Cambria) and handler present next to her during testimony
  • Order under s.486.2(2) Criminal Code permitting the complainant M.L. to testify from behind a screen