I'll try to take the questions in order.
On the way that Bill C-32 is proposing amendments to permit some witnesses to testify through a pseudonym, right now that ability exists, but it's not codified. It's not in the Criminal Code. Some courts have made the decision, depending on the facts and circumstances, to allow a particular witness to do so.
I can give you an example. In the 2002 decision in Mousseau, there was a victim in a sexual assault case who was concerned.... There were a number of other victims. Apparently the accused was believed to be harassing some of the other complainants and because he knew their names was alleged to be engaging in those kinds of communications. This last victim complainant who was testifying in the proceedings did not wish to be exposed to the same kind of harassment communications, so in that case, the court determined that the witness could testify through a pseudonym. The jury didn't know how the victim was testifying.
Basically, in that case, the court is always going to have to consider the facts and circumstances, so the test that would be applied under the VBR would be the same as what the courts are doing in practice right now. They'll look at it in terms of the importance of the charter right of the defendant to be able to make a full answer in defence and the proper administration of justice principle of open court. The court can take a number of steps. It's going to be the court that will make the decision, and the court can take a decision based on a consideration of all of those factors and what measures could be taken that will secure or safeguard the accused's right to make full answer in defence.
Could the victim testify through a pseudonym and also through, for example, the use of a testimonial aid where the accused can still see the witness complainant? Basically, it's going to be the court in those circumstances that is going to take the decision on what measures are needed to enable that victim in that situation to testify through the use of a pseudonym and still preserve and protect the right of the accused to make full answer in defence.