Remote Attendance of Counsel or Certain Other Participants: Difference between revisions
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==General Principles== | ==General Principles== | ||
{{seealso|Remote Attendance | {{seealso|Remote Attendance}} | ||
Depending on what venue and what stage of proceedings a criminal matter is in, counsel for the Crown or defence may be able to appear by tele-presence through video or audio link. | Depending on what venue and what stage of proceedings a criminal matter is in, counsel for the Crown or defence may be able to appear by tele-presence through video or audio link. | ||
A participant, including counsel, may appear under s. 715.25: | |||
{{quotation3| | |||
; Definition of participant | |||
715.25 (1) In this section, participant means any person, other than an accused, an offender, 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 allow 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 in person; | |||
:(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. | |||
(3) [Repealed, 2022, c. 17, s. 47] | |||
(4) [Repealed, 2022, c. 17, s. 47] | |||
; 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. | |||
{{LegHistory10s|2019, c. 25}}, s. 292; | |||
{{LegHistory20s|2022, c. 17}}, s. 47. | |||
|{{CCCSec2|715.25}} | |||
|{{NoteUp|715.25|1|2|3|4|5}} | |||
|{{terms- | |||
|"Act" (s. 2) | |||
|"audioconference" (s. 2) | |||
|"person" (s. 2) | |||
|[[Definition_of_Judicial_Officers_and_Offices#.22Justice.22|"justice" (s. 2)]] | |||
|"videoconference" (s. 2) | |||
}} | |||
}} | |||
; Jury Trials | |||
Under Part XX concerning jury trials: | Under Part XX concerning jury trials: | ||
{{ | {{quotation3| | ||
; Remote appearance | ; Remote appearance | ||
650.02 The prosecutor or the counsel designated under section 650.01 {{AnnSec6|650.01}} may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court. | 650.02 The prosecutor or the counsel designated under section 650.01 {{AnnSec6|650.01}} may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court. | ||
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{{LegHistory10s|2019, c. 25}}, s. 275. | {{LegHistory10s|2019, c. 25}}, s. 275. | ||
{{Annotation}} | {{Annotation}} | ||
| | |{{CCCSec2|650.02}} | ||
|{{NoteUp|}} | |{{NoteUp|650.02}} | ||
|{{terms- | |||
|"audioconference" (s. 2) | |||
|"videoconference" (s. 2) | |||
}} | |||
}} | }} | ||
==See Also== | ==See Also== | ||
* [[Obligation of Accused to be Present During Proceedings]] | |||
* [[Remote Attendance of Witnesses]] | |||
* [[Remote Attendance of Judges or Jurors]] | |||
* [[Remote Attendance at the Court of Appeal]] | |||
* [[Representation and Attendance on Appeal]] | * [[Representation and Attendance on Appeal]] |
Latest revision as of 14:40, 14 July 2024
This page was last substantively updated or reviewed January 2020. (Rev. # 95555) |
General Principles
Depending on what venue and what stage of proceedings a criminal matter is in, counsel for the Crown or defence may be able to appear by tele-presence through video or audio link.
A participant, including counsel, may appear under s. 715.25:
- Definition of participant
715.25 (1) In this section, participant means any person, other than an accused, an offender, 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 allow 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 in person;
- (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.
(3) [Repealed, 2022, c. 17, s. 47]
(4) [Repealed, 2022, c. 17, s. 47]
- 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.
2019, c. 25, s. 292; 2022, c. 17, s. 47.
- Jury Trials
Under Part XX concerning jury trials:
- Remote appearance
650.02 The prosecutor or the counsel designated under section 650.01 [designation of counsel] may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.
2002, c. 13, s. 61; 2019, c. 25, s. 275.
[annotation(s) added]