R. v. Stevens

Parties

Procedural Posture

Criminal — Sexual Assault Pretrial Application Under Section 714.2 / Voir Dire / Pretrial (application to Receive Out of Country Evidence by Videolink)

Legal Issues

1. 1 Whether evidence of an out‑of‑country complainant may be received by videolink under s.714.2
2. 2 Whether reception of such evidence would be contrary to the principles of fundamental justice
3. 3 Which party bears the burden to establish that videolink testimony would be unfair and the standard of that burden

Ratio Decidendi

Section 714.2 creates a mandatory presumption in favour of receiving out‑of‑country testimony by technology; the opposing party bears the persuasive/legal burden on a balance of probabilities to show reception would violate principles of fundamental justice; where Crown proposes videolink it must demonstrate technology permits the witness to testify in the virtual presence of the parties and court — a pretrial test run and provision of a detailed plan sufficiently in advance are appropriate safeguards; absent proof of material unfairness at this stage the application should be granted subject to successful test run and final safeguards.

Court Disposition

Crown application granted subject to a mandatory pretrial test run demonstrating the technology will permit the witness to testify in the virtual presence of the parties and the Court and subject to the Crown providing a detailed logistical and procedural plan in advance of the test run.

Orders

• Crown application under s.714.2 granted subject to conditions
• Schedule a pretrial test run well in advance of trial dates to confirm audio/video quality and procedures