Remote Attendance of Judges or Jurors

This page was last substantively updated or reviewed January 2020. (Rev. # 95580)

• < Evidence
• < Testimonial Evidence
• < Remote Attendance

Remote Attendance by Judge, Justice or Juror

Judge or Justice

Presiding by audioconference or videoconference

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;

(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) [presiding by audioconference or videoconference] and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.
2019, c. 25, s. 292.

– CCC (CanLII), (DOJ)

---

Prospective Jurors

Definition of prospective juror

715.27 (1) In this section, prospective juror means a person who has been summoned as a juror and who has not yet been sworn in accordance with Part XX [Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)].

Participation by videoconference

(2) The court may, with the consent of the prosecutor and the accused, allow or require any or all prospective jurors to participate in the jury selection process by videoconference if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

(a) the challenges related to the in-person participation of prospective jurors;

(b) the nature of the participation;

(c) the suitability of the location from where the prospective jurors will participate;

(d) the privacy and security of the prospective jurors;

(e) the accused’s right to a fair and public hearing; and

(f) the nature and seriousness of the offence.

Location provided

(3) The court may require prospective jurors to participate by videoconference only if the court has approved a location that will be provided for their participation where the technology for videoconferencing is available.

No location provided

(4) The court shall give prospective jurors the option to participate in person if it allows for their participation by videoconference but no location approved by the court is provided for their participation by those means.

2022, c. 17, s. 48.

– CCC (CanLII), (DOJ)

---

{{{4}}}