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...
R v. BADHWAR, 2009 CanLII23890 – (SCJ – McISAAC) [1] This is an application to permit Mr. Badhwar to sit at counsel table during his jury trial which counsel estimate will last, at the outside, four weeks. The Crown conceded he poses neither a flight or security risk and he has been on bail since August 31, 2007. He faces Read more...
R v. GC, 2013 ONSC 2904 (B. O’Marra): [7] The matter is in the discretion of the trial judge “to be determined in the interest of a fair trial and court security”. R. v. Lalonde (1999) 1999 CanLII 2388 (ON CA), 138 C.C.C. (3d) 441 (O.C.A.) at para. 19. [8] The discretion of the court is not overridden by the Read more...
R v AC – 2018 ONCA 333 (Hourigan): [37] Like a trial judge’s decision on a severance application, a trial judge’s ruling in relation to where an accused sits during his trial is discretionary, and this court should begin from a place of deference: R. v. Lalande (1999), 138 C.C.C. (3d) 441 (Ont. C.A.). While the default placement of an Read more...