The Supreme Court of Canada has agreed to delve into the constitutionality of allowing child witnesses to hide behind courtroom screens that render them invisible to criminal defendants.
The court’s decision to hear an appeal of a B.C. Court of Appeal ruling was made today by Chief Justice Beverley McLachlin, Madam Justice Rosalie Abella and Mr. Justice Marshall Rothstein.
The appellant in the case, known only as J.Z.S., was convicted in 2006 of sexually assaulting his son and daughter. The children were seven and 10 at the time of the offences. They were 11 and eight when they testified from behind a screen, after first promising to tell the truth.
The defendant argued unsuccessfully that the screening device violated his Charter right to a fair trial by preventing him from directly confronting his accusers.