Remote Attendance of Accused: Difference between revisions

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[[Fr:Téléassistance_de_l%27accusé]]
{{Currency2|January|2023}}
{{HeaderRemote}}
==General Principles==
==General Principles==
{{seealso|Counsel Appearing by Telepresence}}
{{seealso|Remote Attendance of Counsel or Other Participants}}
{{quotation3|
; Accused to be present
650 (1) Subject to subsections (1.1) and (2) {{AnnSec6|650(1.1) and (2)}} and section 650.01 {{AnnSec6|650.01}}, an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241 {{AnnSec7|715.231 to 715.241}}, by audioconference or videoconference.


{{quotation1|
; Appearance by counsel
s. 2<br>...<br>
(1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.
'''"audioconference"''' means any means of telecommunication that allows the judge or justice and any individual to communicate orally in a proceeding; (audioconférence)


'''"videoconference"''' means any means of telecommunication that allows the judge, justice or chairperson of a Review Board, as defined in subsection 672.1(1), and any individual to engage in simultaneous visual and oral communication in a proceeding; (vidéoconférence)
(1.2) [Repealed, 2022, c. 17, s. 39]


...<br>
{{removed|(2) and (3)}}
{{History-S2}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 650;
|[{{CCCSec|2}} CCC]
{{LegHistory90s|1991, c. 43}}, s. 9;
{{LegHistory90s|1994, c. 44}}, s. 61;
{{LegHistory90s|1997, c. 18}}, s. 77;
{{LegHistory00s|2002, c. 13}}, s. 60;
{{LegHistory00s|2003, c. 21}}, s. 12;
{{LegHistory10s|2019, c. 25}}, s. 274;
{{LegHistory20s|2022, c. 17}}, s. 39.
|{{CCCSec2|650}}
|{{NoteUp|650|1|1.1|1.2}}
|{{terms-
|"videoconference" (s. 2)
}}
}}
}}


{{quotation1|
{{quotation3|
; PART XXII.‍01 
; PART XXII.‍01 
; Remote Attendance by Certain Persons
; Remote Attendance by Certain Persons
; Principles
; Principles
; Attendance
; Attendance
715.21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally.
715.21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so in person.


{{LegHistory10s|2019, c. 25}}, s. 292.
{{LegHistory10s|2019, c. 25}}, s. 292;
|[{{CCCSec|715.21}} CCC]
{{LegHistory20s|2022, c. 17}}, s. 45(E).
|{{CCCSec2|715.21}}
|{{NoteUp|715.21}}
|{{terms-
|"Act" (s. 2)
|"person" (s. 2)
}}
}}
}}


{{quotation1|
{{quotation2|
; Provisions providing for audioconference or videoconference
; Provisions providing for audioconference or videoconference
715.‍22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.
715.22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.


{{LegHistory10s|2019, c. 25}}, s. 292.
{{LegHistory|2019, c. 25}}, s. 292.
|[{{CCCSec|715.22}} CCC]
|{{CCCSec2|715.22}}
|{{NoteUp|715.22}}
|{{terms-
|"Act" (s. 2)
|"person" (s. 2)
}}
}}
}}


{{quotation1|
{{quotation2|
; Accused
; General
; Appearance by audioconference or videoconference
715.‍23 (1) Except as otherwise provided in this Act, the court may order an accused to appear by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
:(a) the location and personal circumstances of the accused;
:(b) the costs that would be incurred if the accused were to appear personally;
:(c) the suitability of the location from where the accused will appear;
:(d) the accused’s right to a fair and public hearing; and
:(e) the nature and seriousness of the offence.
; Reasons
; Reasons
(2) If the court does not make an order under subsection (1) {{AnnSec7|715.23(1)}} it shall include in the record a statement of the reasons for not doing so.
715.221 If the court denies a request respecting a person’s appearance or participation by audioconference or videoconference under this Part, it shall include in the record a statement of the reasons for the denial.
 
2022, c. 17, s. 46.
|{{CCCSec2|715.221}}
|{{NoteUp|715.221}}
|{{terms-
|"person" (s. 2)
}}
}}
 
 
{{quotation2|
; Cessation
; Cessation
(3) The court may, at any time, cease the use of the technological means referred to in subsection (1) {{AnnSec7|715.23(1)}} and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.
715.222 If the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take any measure that it considers appropriate in the circumstances to have the person appear at or participate in the proceedings.
|
 
2022, c. 17, s. 46.
|{{CCCSec2|715.222}}
|{{NoteUp|715.222}}
|{{terms-
|"person" (s. 2)
}}
}}
}}
{{quotation1|
 
In Part XX.01 concerning remote attendance by certain persons, s. 715.23 reads:
{{quotation3|
; Accused and Offenders
; Considerations — appearance by audioconference or videoconference
715.23 Before making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.231 to 715.241, the court must be of the opinion that the appearance by those means would be appropriate having regard to all the circumstances, including
:(a) the location and personal circumstances of the accused or offender;
:(b) the costs that would be incurred if the accused or offender were to appear in person;
:(c) the suitability of the location from where the accused or offender will appear;
:(d) the accused’s or offender’s right to a fair and public hearing; and
:(e) the nature and seriousness of the offence.
 
2019, c. 25, s. 292;
2022, c. 17, s. 46.
|{{CCCSec2|715.23}}
|{{NoteUp|715.23}}
|{{terms-
|"person" (s. 2)
}}
}}
 
{{quotation2|
; Preliminary inquiry
715.231 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at the preliminary inquiry.
 
2022, c. 17, s. 46
|{{CCCSec2|715.231}}
|{{NoteUp|715.231}}
|{{terms-
|"videoconference" (s. 2)
}}
}}
 
{{quotation2|
; Trial — summary conviction offence
715.232 The court may allow an accused to appear by videoconference at a trial for a summary conviction offence
:(a) if the accused is not in custody, with the consent of the accused and the prosecutor; and
:(b) if the accused is in custody, with the consent of the accused.
 
2022, c. 17, s. 46.
|{{CCCSec2|715.232}}
|{{NoteUp|715.232}}
|{{terms-
|"videoconference" (s. 2)
}}
}}
 
{{quotation2|
; Trial — indictable offence
715.233 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by videoconference during a jury trial when evidence is being presented to the jury.
 
2022, c. 17, s. 46.
|{{CCCSec2|715.233}}
|{{NoteUp|715.233}}
|{{terms-
|"videoconference" (s. 2)
}}
}}
 
{{quotation2|
; Plea
715.234 (1) The court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea.
 
; Limitation
(2) The court may allow the accused to appear by audioconference only if it is satisfied that
:(a) videoconferencing is not readily available; and
:(b) the appearance by audioconference would permit the court to inquire into the conditions for accepting a plea of guilty under subsection 606(1.1) despite the fact that the court would not be able to see the accused.
 
2022, c. 17, s. 46.
|{{CCCSec2|715.234}}
|{{NoteUp|715.234}}
|{{terms-
|"videoconference" (s. 2)
}}
}}
 
{{quotation3|
; Sentencing
715.235 (1) The court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes.
 
; Limitation
(2) The court may allow the offender to appear by audioconference only if videoconferencing is not readily available.
 
2022, c. 17, s. 46.
|{{CCCSec2|715.235}}
|{{NoteUp|715.235}}
|{{terms-
|"audioconference" (s. 2)
|"videoconference" (s. 2)
}}
}}
 
{{quotation3|
; Accused in prison
; Accused in prison
715.‍24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
715.‍24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
|[{{CCCSec|715.24}} CCC]
|{{CCCSec2|715.24}}
|{{NoteUp|715.24}}
|{{terms-
|"Act" (s. 2)
|"videoconference" (s. 2)
}}
}}
}}


{{quotation1|
{{quotation3|
; Participants
; Accused in custody — no evidence taken
; Definition of participant
715.241 Despite sections 715.231 to 715.233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those sections, other than a part in which the evidence of a witness is taken.
715.‍25 (1) In this section, '''"participant"''' means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.
; Participation by audioconference or videoconference
(2) Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
:(a) the location and personal circumstances of the participant;
:(b) the costs that would be incurred if the participant were to participate personally;
:(c) the nature of the participation;
:(d) the suitability of the location from where the participant will participate;
:(e) the accused’s right to a fair and public hearing; and
:(f) the nature and seriousness of the offence.
; Reasons
(3) If the court does not make an order under subsection (2) it shall include in the record a statement of the reasons for not doing so.
; Cessation
(4) The court may, at any time, cease the use of the technological means referred to in subsection (2) {{AnnSec|715.25(2)}} and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.
; Costs
(5) Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.


{{Annotation}}
2022, c. 17, s. 46.
|[{{CCCSec|715.25}} CCC]
|{{CCCSec2|715.241}}
|{{NoteUp|715.241}}
|{{terms-
|"Act" (s. 2)
|"videoconference" (s. 2)
}}
}}
}}


{{quotation1|
{{quotation3|
; Judge or Justice
; Conditions — no access to legal advice
; Presiding by audioconference or videoconference
715.242 Despite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be satisfied that they will be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.
715.‍26 (1) Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including
 
(a) the accused’s right to a fair and public hearing;
2022, c. 17, s. 46.
(b) the nature of the witness’ anticipated evidence;
|{{CCCSec2|715.241}}
(c) the nature and seriousness of the offence; and
|{{NoteUp|715.241}}
(d) the suitability of the location from where the judge or justice will preside.
|{{terms-
; Reasons
|"Act" (s. 2)
(2) The judge or justice shall include in the record a statement of the judge or justice’s reasons for the decision to preside at the proceeding by audioconference or videoconference.
|"audioconference" (s. 2)
; Cessation
|"videoconference" (s. 2)
(3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) {{AnnSec|715.26(1)}} and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.
|[{{CCCSec|715.26}} CCC]
}}
}}
{{quotation1|
800.<br>...<br>
; Video links
(2.1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.
<br>...<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 800;
{{LegHistory90s|1997, c. 18}}, s. 111;
{{LegHistory00s|2003, c. 21}}, s. 21;
{{LegHistory10s|2019, c. 25}}, s. 317.
|[{{CCCSec|800}} CCC]
}}
}}


==Appearance in Court of Appeal==
{{quotation3|
; Communication with counsel
715.243 An accused or offender who appears by audioconference or videoconference must be given the opportunity to communicate privately with counsel if they are represented by counsel.


===Appearance by Parties===
2022, c. 17, s. 46
{{quotation1|
|{{CCCSec2|715.241}}
683<br>...<br>
|{{NoteUp|715.241}}
; Virtual presence of parties
|{{terms-
(2.1) In proceedings under this section, the court of appeal may order that the presence of a party may be by any technological means satisfactory to the court that permits the court and the other party or parties to communicate simultaneously.
|"audioconference" (s. 2)
<br>...<br>
|"videoconference" (s. 2)
; Application of sections 715.25 and 715.26
}}
(2.3) Sections 715.25 {{AnnSec7|715.25}} and 715.26 {{AnnSec7|715.26}} apply, with any modifications that the circumstances require, to proceedings under this section.
<br>...<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 683;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 144, c. 23 (4th Supp.), s. 5;
{{LegHistory90s|1995, c. 22}}, s. 10;
{{LegHistory90s|1997, c. 18}}, ss. 97, 141;
{{LegHistory90s|1999, c. 25}}, s. 15(Preamble);
{{LegHistory00s|2002, c. 13}}, s. 67;
{{LegHistory00s|2008, c. 18}}, s. 29;
{{LegHistory10s|2019, c. 25}}, s. 281.
|[{{CCCSec|683}} CCC]
}}
}}


===Appearance by Witnesses===
; Audioconference and videoconference
{{seealso|Appellate Evidence}}
Section 2 defines "audioconference" and videoconference."<ref>
see [[Definitions of Parties, Persons, Places and Organizations]]
</ref>
 
{{reflist|2}}


{{quotation1|
===Preliminary Inquiry===
683<br>...<br>
{{quotation3|
; Virtual presence of witnesses
; Powers of justice
(2.2) Sections 714.1 to 714.8 {{AnnSec7|714.1 to 714.8}} apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.
537 (1) A justice acting under this Part may
<br>...<br>
:{{removed|(a), (b), (c), (d), (e), (f), (g), (h) and (i)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 683;  
:(j) if the prosecutor and the accused consent, allow the accused to appear by counsel for any part of the inquiry, other than a part in which the evidence of a witness is taken; and
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 144, c. 23 (4th Supp.), s. 5;  
:(j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and
{{LegHistory90s|1995, c. 22}}, s. 10;  
:(k) for any part of the inquiry other than a part in which the evidence of a witness is taken, require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
{{LegHistory90s|1997, c. 18}}, ss. 97, 141;  
{{removed|(1,01), (1.02), (1.1) and (2)}}
{{LegHistory90s|1999, c. 25}}, s. 15(Preamble);  
(3) and (4) [Repealed, 1991, c. 43, s. 9]<Br>
{{LegHistory00s|2002, c. 13}}, s. 67;  
R.S., {{LegHistory80s|1985, c. C-46}}, s. 537;  
{{LegHistory00s|2008, c. 18}}, s. 29;
{{LegHistory90s|1991, c. 43}}, s. 9;  
{{LegHistory10s|2019, c. 25}}, s. 281.
{{LegHistory90s|1994, c. 44}}, s. 53;  
{{Annotation}}
{{LegHistory90s|1997, c. 18}}, s. 64;  
|[{{CCCSec|683}} CCC]
{{LegHistory00s|2002, c. 13}}, s. 28;  
{{LegHistory00s|2008, c. 18}}, s. 22;
{{LegHistory10s|2019, c. 25}}, s. 242;
{{LegHistory20s|2022, c. 17}}, s. 35.
|{{CCCSec2|537}}
|{{NoteUp|537|1}}
|{{terms-
|[[Definition_of_Judicial_Officers_and_Offices#.22Justice.22|"justice" (s. 2)]]
}}
}}
}}
==See also==
* [[Obligation of Accused to be Present During Proceedings]]
* [[Remote Attendance of Counsel or Other Participants]]
* [[Remote Testimony]]
* [[Remote Attendance at the Court of Appeal]]

Latest revision as of 07:04, 23 July 2024

This page was last substantively updated or reviewed January 2023. (Rev. # 95687)

General Principles

See also: Remote Attendance of Counsel or Other Participants
Accused to be present

650 (1) Subject to subsections (1.1) and (2) [exceptions to requirement of accused being personally present] and section 650.01 [designation of counsel], an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241 , by audioconference or videoconference.

Appearance by counsel

(1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.

(1.2) [Repealed, 2022, c. 17, s. 39]

[omitted (2) and (3)]
R.S., 1985, c. C-46, s. 650; 1991, c. 43, s. 9; 1994, c. 44, s. 61; 1997, c. 18, s. 77; 2002, c. 13, s. 60; 2003, c. 21, s. 12; 2019, c. 25, s. 274; 2022, c. 17, s. 39.

– CCC (CanLII), (DOJ)

Note up: 650(1), (1.1) and (1.2)


Defined terms: "videoconference" (s. 2)

PART XXII.‍01 
Remote Attendance by Certain Persons
Principles
Attendance

715.21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so in person.

2019, c. 25, s. 292; 2022, c. 17, s. 45(E).

– CCC (CanLII), (DOJ)

Note up: 715.21


Defined terms: "Act" (s. 2) and "person" (s. 2)

Provisions providing for audioconference or videoconference

715.22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.

2019, c. 25, s. 292.

– CCC (CanLII), (DOJ)

Note up: 715.22

General
Reasons

715.221 If the court denies a request respecting a person’s appearance or participation by audioconference or videoconference under this Part, it shall include in the record a statement of the reasons for the denial.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.221


Cessation

715.222 If the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take any measure that it considers appropriate in the circumstances to have the person appear at or participate in the proceedings.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.222

In Part XX.01 concerning remote attendance by certain persons, s. 715.23 reads:

Accused and Offenders
Considerations — appearance by audioconference or videoconference

715.23 Before making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.231 to 715.241, the court must be of the opinion that the appearance by those means would be appropriate having regard to all the circumstances, including

(a) the location and personal circumstances of the accused or offender;
(b) the costs that would be incurred if the accused or offender were to appear in person;
(c) the suitability of the location from where the accused or offender will appear;
(d) the accused’s or offender’s right to a fair and public hearing; and
(e) the nature and seriousness of the offence.

2019, c. 25, s. 292; 2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.23


Defined terms: "person" (s. 2)

Preliminary inquiry

715.231 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at the preliminary inquiry.

2022, c. 17, s. 46

– CCC (CanLII), (DOJ)

Note up: 715.231

Trial — summary conviction offence

715.232 The court may allow an accused to appear by videoconference at a trial for a summary conviction offence

(a) if the accused is not in custody, with the consent of the accused and the prosecutor; and
(b) if the accused is in custody, with the consent of the accused.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.232

Trial — indictable offence

715.233 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by videoconference during a jury trial when evidence is being presented to the jury.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.233

Plea

715.234 (1) The court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea.

Limitation

(2) The court may allow the accused to appear by audioconference only if it is satisfied that

(a) videoconferencing is not readily available; and
(b) the appearance by audioconference would permit the court to inquire into the conditions for accepting a plea of guilty under subsection 606(1.1) despite the fact that the court would not be able to see the accused.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.234

Sentencing

715.235 (1) The court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes.

Limitation

(2) The court may allow the offender to appear by audioconference only if videoconferencing is not readily available.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.235


Defined terms: "audioconference" (s. 2) and "videoconference" (s. 2)

Accused in prison

715.‍24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.

– CCC (CanLII), (DOJ)

Note up: 715.24


Defined terms: "Act" (s. 2) and "videoconference" (s. 2)

Accused in custody — no evidence taken

715.241 Despite sections 715.231 to 715.233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those sections, other than a part in which the evidence of a witness is taken.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.241


Defined terms: "Act" (s. 2) and "videoconference" (s. 2)

Conditions — no access to legal advice

715.242 Despite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be satisfied that they will be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.

2022, c. 17, s. 46.

– CCC (CanLII), (DOJ)

Note up: 715.241


Defined terms: "Act" (s. 2), "audioconference" (s. 2), and "videoconference" (s. 2)

Communication with counsel

715.243 An accused or offender who appears by audioconference or videoconference must be given the opportunity to communicate privately with counsel if they are represented by counsel.

2022, c. 17, s. 46

– CCC (CanLII), (DOJ)

Note up: 715.241


Defined terms: "audioconference" (s. 2) and "videoconference" (s. 2)

Audioconference and videoconference

Section 2 defines "audioconference" and videoconference."[1]

  1. ↑ see Definitions of Parties, Persons, Places and Organizations

Preliminary Inquiry

Powers of justice

537 (1) A justice acting under this Part may

[omitted (a), (b), (c), (d), (e), (f), (g), (h) and (i)]
(j) if the prosecutor and the accused consent, allow the accused to appear by counsel for any part of the inquiry, other than a part in which the evidence of a witness is taken; and
(j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and
(k) for any part of the inquiry other than a part in which the evidence of a witness is taken, require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.

[omitted (1,01), (1.02), (1.1) and (2)]
(3) and (4) [Repealed, 1991, c. 43, s. 9]
R.S., 1985, c. C-46, s. 537; 1991, c. 43, s. 9; 1994, c. 44, s. 53; 1997, c. 18, s. 64; 2002, c. 13, s. 28; 2008, c. 18, s. 22; 2019, c. 25, s. 242; 2022, c. 17, s. 35.

– CCC (CanLII), (DOJ)

Note up: 537(1)


Defined terms: "justice" (s. 2)

See also

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