R. v. White

R. v. White

Given documented chronic pain aggravated by daily long transport from NFPC, and because NFPC is a suitable location with adequate videoconferencing capacity, the court allowed the accused to attend parts of his trial by videoconference (except when giving evidence) under ss.650(1), 715.23 and 715.24, subject to conditions designed to protect fairness, communication with counsel, and the public nature of the hearing.

Citation
2024 BCSC 255
Parties
Crown/prosecution: Rex; Accused: Brent Steven White
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 February 2024
Procedural Posture
Criminal Second Degree Murder / Application to Attend Trial by Videoconference (trial Stage)
Outcome
Application granted in part
Legal Topics
Videoconference Attendance, S.650 Criminal Code Discretion, Ss.715.23 715.24, Reasonable Accommodation, Fair Trial Rights
Source Language
English
Criminal Law Criminal Procedure Corrections/detention Health and Accommodation Videoconference Attendance S.650 Criminal Code Discretion Ss.715.23 715.24 Reasonable Accommodation +1 more

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Parties

Rex

Crown/prosecution

Brent Steven White

Accused

Procedural Posture

Criminal Second Degree Murder / Application to Attend Trial by Videoconference (trial Stage)

Legal Issues

  1. 1 Whether the accused may attend parts of his trial by videoconference when not testifying
  2. 2 Whether ss.715.23 and 715.24 permit remote attendance absent full consent from both parties
  3. 3 Application of s.650(2)(b) discretion given prior jurisprudence

Ratio Decidendi

Given documented chronic pain aggravated by daily long transport from NFPC, and because NFPC is a suitable location with adequate videoconferencing capacity, the court allowed the accused to attend parts of his trial by videoconference (except when giving evidence) under ss.650(1), 715.23 and 715.24, subject to conditions designed to protect fairness, communication with counsel, and the public nature of the hearing.

Court Disposition

Application granted in part

Orders

  • Pursuant to ss.650(1), 715.23 and 715.24 Criminal Code, the accused may attend the trial by videoconference where the court considers it necessary, except when the accused is giving evidence and must attend in person.
  • The accused will have physical copies of all exhibits that will be addressed and the video display must include a split screen so he can see exhibits referenced by witnesses at all times.