EP#150 | Problems with Complainants Testifying From Home or Other Locations But Not the Courtroom

The podcast episode discusses the increasing use of CCTV (Closed-Circuit Television) applications in Canadian criminal courts, specifically focusing on subsection 486.22 of the criminal code. This provision allows witnesses to testify outside the courtroom or behind a screen to facilitate providing a "full and candid account" of events. The application is typically made by the Crown and is becoming more common, especially in cases involving children, sexual assault, or witnesses with mental or physical disabilities. The discussion explores various factors judges consider when approving CCTV applications, including the witness's age, mental or physical conditions, nature of the offense, and potential power imbalances. Defense lawyers note potential drawbacks, such as the difficulty of assessing witness credibility when testimony is given remotely, as the ability to observe a witness's demeanor and reactions is limited. The speakers emphasize that these applications are now part of a broader victim rights movement, aimed at providing support and comfort to witnesses during legal proceedings. Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com