EVIDENCE - Witnesses - Credibility - Examination - Limitations

Law360 Canada ( January 11, 2023, 6:38 AM EST) -- Application by the Crown to have LW testify from outside the courtroom by CCTV and in the presence of a support person. The accused Chocolate was charged with sexual assault and forcible confinement in relation to LW. These offences were alleged to have occurred on November 3, 2019. LW was 18 years old. She was in a relationship with the accused between March and September 2019 that was described as an on-and-off relationship. The allegations were that the accused had vaginal intercourse with LW several times without her consent and that he confined her in a bedroom during which he covered her mouth and pinned her to the floor. LW did not have any physical or mental disabilities and did not fear the accused. However, she expressed that she would be uncomfortable testifying in front of the accused in court and in front of his family members if they were to attend the trial. The application for a support person was consented to by the defence but the application for LW to testify outside the courtroom was opposed....
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