Remote Attendance of Counsel or Certain Other Participants: Difference between revisions
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==General Principles== | ==General Principles== | ||
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A participant, including counsel, may appear under s. 715.25: | A participant, including counsel, may appear under s. 715.25: | ||
{{ | {{quotation3| | ||
; Definition of participant | ; Definition of participant | ||
715. | 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 | ; Participation by audioconference or videoconference | ||
(2) | (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) | :(a) the location and personal circumstances of the participant; | ||
:(b) | :(b) the costs that would be incurred if the participant were to participate in person; | ||
:(c) | :(c) the nature of the participation; | ||
:(d) | :(d) the suitability of the location from where the participant will participate; | ||
:(e) | :(e) the accused’s right to a fair and public hearing; and | ||
:(f) | :(f) the nature and seriousness of the offence. | ||
(3) | (3) [Repealed, 2022, c. 17, s. 47] | ||
(4) | (4) [Repealed, 2022, c. 17, s. 47] | ||
; Costs | ; Costs | ||
(5) | (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 | |||
{{ | {{LegHistory10s|2019, c. 25}}, s. 292; | ||
| | {{LegHistory20s|2022, c. 17}}, s. 47. | ||
|{{CCCSec2|715.25}} | |||
|{{NoteUp|715.25|1|2|3|4|5}} | |{{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 | ; 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|650.02}} | |{{NoteUp|650.02}} | ||
|{{terms- | |||
|"audioconference" (s. 2) | |||
|"videoconference" (s. 2) | |||
}} | |||
}} | }} | ||
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]