R V. ZWEZDARYK – [2004] O.J. NO. 6137 (SCJ) Para 22: “It is, in my view, conjectural at best to assume that the jury will be influenced by the fact that the accused is in the prisoner’s box [cite omitted]. Read more...
R v GERVAIS, 2001 CanLII 28428 (SCJ – Campbell) [8] Although the Criminal Code is silent on this issue, the following principles emerge[2]: 1. The customary position of the accused in the courtroom is in the dock 2. The trial judge has discretion as to the position of the accused in the courtroom in individual cases 3. The presence of Read more...
R v GRANDINETTI, 2003 ABCA 307 – (McFayden) Discretion of trial judge [84] In R. v. Faid (1981), 1981 ABCA 139 (CanLII), 61 C.C.C. (2d) 28 (Alta. C.A.), rev’d on other grounds, 1983 CanLII 136 (SCC), [1983] 1 S.C.R. 265, this Court held that the seating location of an accused during a trial is a matter solely in the discretion Read more...
R V. ZWEZDARYK – [2004] O.J. NO. 6137 (SCJ – R. Clark) Para 24: “I do not see any prejudice to any accused occasioned by all three being in the prisoner’s box. I am not convinced that there is any significant impediment to communication between counsel and the client engendered by the fact that the accused is in the box Read more...
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 Read more...