Remote Attendance of Counsel or Certain Other Participants: Difference between revisions

Latest revision as of 14:40, 14 July 2024

This page was last substantively updated or reviewed January 2020. (Rev. # 95555)

General Principles

See also: 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.

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(3) [Repealed, 2022, c. 17, s. 47]
(4) [Repealed, 2022, c. 17, s. 47]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.

– CCC (CanLII), (DOJ)

Note up: 715.25 (1), (2), (3), (4), and (5)

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

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]

– CCC (CanLII), (DOJ)

Note up: 650.02

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

@@ Line 1: / Line 1: @@
+[[fr:Conseil_comparaissant_par_téléprésence]]
+{{Currency2|January|2020}}
 {{LevelZero}}{{HeaderRemote}}
 ==General Principles==
 {{seealso|Remote Attendance}}
-==Remote Attendance by Crown, Media or Public==
 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:
-{{quotation2|
+{{quotation3|
-; Participants
 ; Definition of participant
-.‍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.
+.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 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
+(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;
+:(a) the location and personal circumstances of the participant;
-:(b) the costs that would be incurred if the participant were to participate personally;
+:(b) the costs that would be incurred if the participant were to participate in person;
-:(c) the nature of the participation;
+:(c) the nature of the participation;
-:(d) the suitability of the location from where the participant will participate;
+:(d) the suitability of the location from where the participant will participate;
-:(e) the accused’s right to a fair and public hearing; and
+:(e) the accused’s right to a fair and public hearing; and
-:(f) the nature and seriousness of the offence.
+:(f) the nature and seriousness of the offence.
-; Reasons
-(3) If the court does not make an order under subsection (2) {{AnnSec7|715.25(2)}} it shall include in the record a statement of the reasons for not doing so.
+(3) [Repealed, 2022, c. 17, s. 47]
-; Cessation
-(4) The court may, at any time, cease the use of the technological means referred to in subsection (2) {{AnnSec7|715.25(2)}} and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.
+(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.<br>
+(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.
-{{Annotation}}
+{{LegHistory10s|2019, c. 25}}, s. 292;
-|[{{CCCSec|715.25}} CCC]
+{{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:
-{{quotation2|
+{{quotation3|
 ; Remote appearance
 .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.
@@ Line 41: / Line 50: @@
 {{LegHistory10s|2019, c. 25}}, s. 275.
 {{Annotation}}
-|[{{CCCSec|650.02}} CCC]
+|{{CCCSec2|650.02}}
 |{{NoteUp|650.02}}
+|{{terms-
+|"audioconference" (s. 2)
+|"videoconference" (s. 2)
 }}
-==Remote Attendance by Judge or Justice==
-{{quotation2|
-; Judge or Justice
-; Presiding by audioconference or videoconference
-.‍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;
-:(b) the nature of the witness’ anticipated evidence;
-:(c) the nature and seriousness of the offence; and
-:(d) the suitability of the location from where the judge or justice will preside.
-; Reasons
-(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.
-; Cessation
-(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]
-|{{NoteUp|715.26|1|2|3}}
 }}
 ==See Also==
 * [[Obligation of Accused to be Present During Proceedings]]
-* [[Remote Testimony]]
+* [[Remote Attendance of Witnesses]]
+* [[Remote Attendance of Judges or Jurors]]
 * [[Remote Attendance at the Court of Appeal]]
 * [[Representation and Attendance on Appeal]]