R. v. Colegrove

Parties

Procedural Posture

Criminal Charter Application / Voir Dire / Pre Trial Application to Appear by Videoconference

Legal Issues

1. 1 Whether the court may permit an accused confined in custody to appear by videoconference for voir dire proceedings including parts where evidence may be taken
2. 2 Whether s.650(2)(b) authorizes videoconference participation despite limits in ss.650(1.1)-(1.2)
3. 3 Whether the accused’s waiver of the right to be physically present was informed, clear and unequivocal

Ratio Decidendi

Because the accused executed an informed, clear and voluntary waiver, the videoconference facility at Springhill is suitable, the accused is medically vulnerable and would face extensive quarantine/solitary conditions if transported, and the Crown did not oppose, the court exercised its discretion under s.650(2)(b) together with s.715.23 to order that Mr. Colegrove be permitted to appear by videoconference for the Charter voir dires without prejudicing his fair trial rights.

Court Disposition

Application granted

Orders

• Order made under Criminal Code s.715.23 and s.650(2)(b) permitting Jeffrey Colegrove to appear by videoconference for the Charter application voir dires scheduled to begin October 25, 2021
• Conditions: accused to participate using the institution video booth for the duration of the proceedings; accused must immediately alert the court and/or counsel if he cannot see or hear proceedings or wishes to consult counsel; counsel’s consent to the waiver and the accused’s acknowledgement that personal absence...