Name: EP#150 | Problems with the Virtual Courtroom
Uploaded: 2025-01-20T01:00:00+00:00
Duration: 37 min 5 s
Description: 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 pro

9 months ago

Podcasts Law and Order Lawfare podcast Law vlawg legal

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.

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