R V. LALANDE – [1999] O.J. NO. 3267

Para 18: “…counsel invited the court to comment upon the trial judge’s refusal of defence counsel’s request that the appellant, who was on bail, be permitted to sit beside her at the counsel table, rather than in the prisoner’s dock. As I stated earlier, even if I were to be of the view that in requiring the appellant to sit in the prisoner’s dock the trial judge abused his discretion, this is not a basis on which a new trial should be ordered.”

Para 19: “Where an accused person sits during his or her trial is within the discretion of the presiding judge, to be determined in the interests of a fair trial and courtroom security…I am aware that Commissioner Kaufman has made recommendations concerning where an accused person may sit during his or her trial. Counsel for the respondent informed the court that in light of Commissioner Kaufman’s recommendations, the Ministry of the Attorney General has adopted a policy with respect to accused persons who are not in custody and who present no security concerns, that while the ultimate decision rests with the presiding judge, the Crown should normally consent to the accused person being permitted to sit at the counsel table should he or she request to do so.”