R. v. Chow

R. v. Chow

The application was denied because the Crown failed to provide an adequate evidentiary foundation to satisfy s.714.1: the witness's personal circumstances, anticipated costs, nature of evidence, and suitability of the proposed location/technology were insufficiently detailed; the witness's credibility was central and the circumstances did not qualify as exceptional; COVID-19 concerns alone did not justify remote testimony.

Citation
2021 NSPC 16
Parties
Crown: Her Majesty the Queen; Defendant: Adam Michael Chow
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 March 2021
Procedural Posture
Criminal / Pre Trial Crown Application Under S.714.1 for Witness to Testify by Videoconference
Outcome
Crown application to permit Mrs. Chow to testify by videoconference under s.714.1 denied
Legal Topics
Video Testimony/videoconference, Section 714.1 Criminal Code, Evidentiary Foundation for Procedural Orders, Witness Credibility, COVID 19 Travel/quarantine Impacts
Source Language
English
Criminal Law Evidence Law Constitutional Law (fair Trial) Public Health Related Procedure Video Testimony/videoconference Section 714.1 Criminal Code Evidentiary Foundation for Procedural Orders Witness Credibility +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Adam Michael Chow

Defendant

Procedural Posture

Criminal / Pre Trial Crown Application Under S.714.1 for Witness to Testify by Videoconference

Legal Issues

  1. 1 Whether the Crown met its burden to permit an essential witness to testify by videoconference under s.714.1
  2. 2 Whether sufficient evidentiary foundation and exceptional circumstances exist given the witness' centrality to credibility
  3. 3 Whether permitting video testimony would impair the accused’s right to a fair trial and ability to assess credibility

Ratio Decidendi

The application was denied because the Crown failed to provide an adequate evidentiary foundation to satisfy s.714.1: the witness's personal circumstances, anticipated costs, nature of evidence, and suitability of the proposed location/technology were insufficiently detailed; the witness's credibility was central and the circumstances did not qualify as exceptional; COVID-19 concerns alone did not justify remote testimony.

Court Disposition

Crown application to permit Mrs. Chow to testify by videoconference under s.714.1 denied

Orders

  • Application under s.714.1 to permit witness to testify by videoconference is denied