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Back To The Future: Reviving The Use Of Video Link Evidence In Canadian Criminal Courts, Helena Gluzman
Back To The Future: Reviving The Use Of Video Link Evidence In Canadian Criminal Courts, Helena Gluzman
Canadian Journal of Law and Technology
Section 714.1 of the Criminal Code of Canada allows for witnesses and victims to testify remotely via video link, within Canada. The legal test embedded within this provision — “appropriate in all the circumstances” — has led to inconsistent application across the country. Some jurists have embraced the flexibility provided by the video link process. Others have expressed reluctance, articulating the position that in-court testimony is to be preferred and permitting the use of video link evidence only in exceptional circumstances. R. v. S.D.L. is the first treatment of s. 714.1 by an appellate court. The Nova Scotia Court of …