Remote Attendance of Accused: Difference between revisions

Revision as of 19:47, 17 March 2021

General Principles

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 personally.
2019, c. 25, s. 292.

– CCC

Note up: 715.21

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

Note up: 715.22

Accused

See also: Obligation of Accused to be Present During Proceedings

Counsel or Other Participants

See also: Remote Attendance of Counsel or Other Participants

Witnesses

Long Distance Testimonial Aids

Judge or Justice

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) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.

– CCC

Note up: 715.26 (1), (2) and (3)

Appearance in Court of Appeal

See also: Remote Attendance at the Court of Appeal

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 ==General Principles==
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-s. 2<br>{{ellipsis}}
-'''"audioconference"''' means any means of telecommunication that allows the judge or justice and any individual to communicate orally in a proceeding; (audioconférence)
-{{ellipsis}}
-'''"videoconference"''' means any means of telecommunication that allows the judge, justice or chairperson of a Review Board, as defined in subsection 672.1(1) {{AnnSec6|672.1(1)}}, and any individual to engage in simultaneous visual and oral communication in a proceeding; (vidéoconférence)
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-|[{{CCCSec|2}} CCC]
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