Remote Attendance of Accused: Difference between revisions
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; Audioconference and videoconference | |||
Section 2 defines "audioconference" and videoconference".<ref> | |||
see [[Definitions of Parties, Persons, Places and Organizations]] | |||
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===Accused=== | ===Accused=== | ||
{{seealso|Obligation of Accused to be Present During Proceedings}} | {{seealso|Obligation of Accused to be Present During Proceedings}} | ||
Revision as of 19:51, 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.
- 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.
- Audioconference and videoconference
Section 2 defines "audioconference" and videoconference".[1]
Accused
Counsel or Other Participants
Witnesses
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.