Law360 Canada ( June 13, 2018, 8:17 AM EDT) -- Appeal by the Provincial Crown from a decision dismissing an application for prerogative relief. The respondent was charged with impaired driving. The alleged offence took place in a district where the position of provincial court judge was vacant due to a retirement. The respondent brought a Charter application for exclusion of evidence. On the date of the hearing, the judge providing coverage for two courts ordered the witnesses, the accused, and counsel to appear in Clarenville and he would hear evidence and argument by video-conference from his home courtroom. The judge raised concern about the work load he had with regard to trials at two Provincial Court locations, the four-hour drive he would have to make to attend court in Clarenville, and the fact that the case involved a summary conviction offence. Crown and defence counsel objected to the process proposed for the conduct of the voir dire with respect to the admissibility of the testimony of the arresting officer. The judge rejected the objection and ultimately denied the accused’s Charter application based on the testimony of the investigating police officer heard by the judge via video-conference. The Crown brought an application by way of certiorari, prohibition and mandamus, seeking to quash the decision of the Provincial Court judge. The application was dismissed on the basis that s. 4 of the Provincial Court Act, 1991, provided authority for conduct of the hearing remotely....