Remote Attendance of Accused: Difference between revisions
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; Audioconference and videoconference | ; Audioconference and videoconference | ||
Section 2 defines "audioconference" and videoconference" | Section 2 defines "audioconference" and videoconference."<ref> | ||
see [[Definitions of Parties, Persons, Places and Organizations]] | see [[Definitions of Parties, Persons, Places and Organizations]] | ||
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Revision as of 14:42, 6 January 2024
| This page was last substantively updated or reviewed January 2023. (Rev. # 89478) |
General Principles
- Accused to be present
650 (1) Subject to subsections (1.1) and (2) [exceptions to requirement of accused being personally present] and section 650.01 [designation of counsel], an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241 , by audioconference or videoconference.
- Appearance by counsel
(1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.
(1.2) [Repealed, 2022, c. 17, s. 39]
[omitted (2) and (3)]
R.S., 1985, c. C-46, s. 650; 1991, c. 43, s. 9; 1994, c. 44, s. 61; 1997, c. 18, s. 77; 2002, c. 13, s. 60; 2003, c. 21, s. 12; 2019, c. 25, s. 274; 2022, c. 17, s. 39.
- 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 in person.
2019, c. 25, s. 292; 2022, c. 17, s. 45(E).
- 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.
- Cessation
715.222 If the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take any measure that it considers appropriate in the circumstances to have the person appear at or participate in the proceedings.
2022, c. 17, s. 46.
In Part XX.01 concerning remote attendance by certain persons, s. 715.23 reads:
- Accused and Offenders
- Considerations — appearance by audioconference or videoconference
715.23 Before making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.231 to 715.241, the court must be of the opinion that the appearance by those means would be appropriate having regard to all the circumstances, including
- (a) the location and personal circumstances of the accused or offender;
- (b) the costs that would be incurred if the accused or offender were to appear in person;
- (c) the suitability of the location from where the accused or offender will appear;
- (d) the accused’s or offender’s right to a fair and public hearing; and
- (e) the nature and seriousness of the offence.
2019, c. 25, s. 292; 2022, c. 17, s. 46.
- Trial — summary conviction offence
715.232 The court may allow an accused to appear by videoconference at a trial for a summary conviction offence
- (a) if the accused is not in custody, with the consent of the accused and the prosecutor; and
- (b) if the accused is in custody, with the consent of the accused.
2022, c. 17, s. 46.
- Trial — indictable offence
715.233 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by videoconference during a jury trial when evidence is being presented to the jury.
2022, c. 17, s. 46.
- Plea
715.234 (1) The court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea.
- Limitation
(2) The court may allow the accused to appear by audioconference only if it is satisfied that
- (a) videoconferencing is not readily available; and
- (b) the appearance by audioconference would permit the court to inquire into the conditions for accepting a plea of guilty under subsection 606(1.1) despite the fact that the court would not be able to see the accused.
2022, c. 17, s. 46.
- Sentencing
715.235 (1) The court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes.
- Limitation
(2) The court may allow the offender to appear by audioconference only if videoconferencing is not readily available.
2022, c. 17, s. 46.
- Accused in prison
715.24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
- Accused in custody — no evidence taken
715.241 Despite sections 715.231 to 715.233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those sections, other than a part in which the evidence of a witness is taken.
2022, c. 17, s. 46.
- Conditions — no access to legal advice
715.242 Despite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be satisfied that they will be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.
2022, c. 17, s. 46.
- Audioconference and videoconference
Section 2 defines "audioconference" and videoconference."[1]
Preliminary Inquiry
- Powers of justice
537 (1) A justice acting under this Part may
- [omitted (a), (b), (c), (d), (e), (f), (g), (h) and (i)]
- (j) if the prosecutor and the accused consent, allow the accused to appear by counsel for any part of the inquiry, other than a part in which the evidence of a witness is taken; and
- (j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and
- (k) for any part of the inquiry other than a part in which the evidence of a witness is taken, require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
[omitted (1,01), (1.02), (1.1) and (2)]
(3) and (4) [Repealed, 1991, c. 43, s. 9]
R.S., 1985, c. C-46, s. 537; 1991, c. 43, s. 9; 1994, c. 44, s. 53; 1997, c. 18, s. 64; 2002, c. 13, s. 28; 2008, c. 18, s. 22; 2019, c. 25, s. 242; 2022, c. 17, s. 35.