Her Majesty the Queen - v. -, 2020 SKPC 43
Opinion
IN THE PROVINCIAL COURT OF SASKATCHEWAN 2020 SKPC 43 Information: 90191113 Location: Kindersley _____________________________________________________________________________ Between: Her Majesty the Queen - and - Brendan James Crowley Date of Application: October 02, 2020 Date of Decision: October 05, 2020 Appearing: J. Laing For the Crown M-T. Bayda For the Accused FIAT R.D. JACKSON , J [ 1 ] The accused sought an adjournment of his preliminary hearing scheduled for October 6, 2020, in Kindersley, Saskatchewan
on charges of fraud and theft over $5,000.00. The application was dismissed viva voce on Tuesday, September 22, 2020. [ 2 ] On Wednesday, September 30, the Court was apprised by email from defence counsel that the accused had obtained a medical note from his family physician regarding “severe panic attacks and anxiety” preventing travel due to the current COVID pandemic. [ 3 ] The matter was addressed by counsel on October 2.
The Court determined that since this was the request of the accused to be absent, the preliminary hearing (already twice delayed and over 15 months old) could proceed in accordance with s. 537(1) (j.1) Criminal Code : 537.1 A justice acting under this part may: (j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; [ 4 ] The conditions that the Court considered to be appropriate were as follows:
a) that the accused attend via Webex technology if possible (ultimately arranged successfully through court services and technology);
b) if Webex was unavailable, then the accused could attend by phone;
c) if neither was available, the preliminary hearing would proceed in his absence necessitating invocation of s. 537(1.02): if a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during their absence could still be admissible under s. 715 or 715.01. ________________________ R.D. Jackson, J
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