R. v. Ashley

Parties

Procedural Posture

Criminal Sexual Assault / Voir Dire on Testimonial Accommodation (oral Ruling)

Legal Issues

1. 1 Whether to grant support persons under s.486.1(2) for complainants
2. 2 Whether to order testimony outside the courtroom under s.486.2(2) for four complainants
3. 3 Sufficiency of evidentiary basis for testimonial accommodation

Ratio Decidendi

The court found the s.486.2(2) test satisfied for four complainants because reported anxiety/PTSD-like symptoms, the nature of the offences (sexual touching during therapeutic sessions), the Indigenous status of complainants viewed in historical context, and society's interest in victim participation collectively meant video testimony would facilitate full and candid accounts and serve the proper administration of justice; support person orders under s.486.1(2) were granted with the accused's consent.

Court Disposition

Support person order granted for all complainants; Video testimony order granted for complainants on Counts 1, 3, 4 and 6; Application re Count 2 deferred with leave to reapply.

Orders

• Grant support person for each complainant pursuant to s.486.1(2) of the Criminal Code
• Order that complainants on Counts 1, 3, 4 and 6 may testify outside the courtroom by CCTV pursuant to s.486.2(2) of the Criminal Code