R. v. M.S.

R. v. M.S.

The Crown met its evidentiary onus under s.486.2(2) because the complainant's expressed fear and uncertainty about her ability to testify if she must see the accused, coupled with the intimate abusive relationship and multi-year nature of the allegations, established a likelihood that permitting testimony by CCTV...

Source-derived case information.

Citation
2024 BCSC 2510
Parties
Prosecutor: Rex; Accused: M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 December 2024
Procedural Posture
Criminal Sexual Assault, Assault With a Weapon, Uttering Threats / Pre Trial Testimonial Accommodation Application Under S.486.2(2)
Outcome
Application granted
Legal Topics
Testimonial Accommodations, CCTV Testimony, Publication Ban, Section 486.2 Criminal Code
Source Language
english
Criminal Law Evidence Victim and Witness Protection Procedure Testimonial Accommodations CCTV Testimony Publication Ban Section 486.2 Criminal Code

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Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

M.S.

Accused

Procedural Posture

Criminal Sexual Assault, Assault With a Weapon, Uttering Threats / Pre Trial Testimonial Accommodation Application Under S.486.2(2)

Legal Issues

  1. 1 Whether the complainant should be permitted to testify outside the courtroom by CCTV under s.486.2(2) of the Criminal Code
  2. 2 Whether the Crown met its evidentiary onus to show the accommodation would facilitate a full and candid account
  3. 3 Whether permitting CCTV testimony would prejudice the accused's right to a fair trial

Ratio Decidendi

The Crown met its evidentiary onus under s.486.2(2) because the complainant's expressed fear and uncertainty about her ability to testify if she must see the accused, coupled with the intimate abusive relationship and multi-year nature of the allegations, established a likelihood that permitting testimony by CCTV would facilitate a full and candid account; accordingly the discretionary order to permit CCTV testimony was granted.

Court Disposition

Application granted

Orders

  • Complainant is permitted to testify outside the courtroom by closed-circuit television (CCTV).
  • Publication ban imposed under s.486.4 of the Criminal Code restricting publication identifying the complainant or witness, applied indefinitely.