Procedural Powers of a Preliminary Inquiry Judge: Difference between revisions
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Powers described in s. 537 should be "interpreted broadly so that the judge can carry out his mandate effectively."<ref> | Powers described in s. 537 should be "interpreted broadly so that the judge can carry out his mandate effectively."<ref> | ||
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537 < | 537 <br>... | ||
:(j) where the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the inquiry other than a part in which the evidence of a witness is taken; | :(j) where the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the inquiry other than a part in which the evidence of a witness is taken; | ||
:(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 | :(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. | :(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. | ||
< | <br>...<br> | ||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 537; {{LegHistory90s|1991, c. 43}}, s. 9; {{LegHistory90s|1994, c. 44}}, s. 53; {{LegHistory90s|1997, c. 18}}, s. 64; {{LegHistory00s|2002, c. 13}}, s. 28; {{LegHistory00s|2008, c. 18}}, s. 22. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 537; {{LegHistory90s|1991, c. 43}}, s. 9; {{LegHistory90s|1994, c. 44}}, s. 53; {{LegHistory90s|1997, c. 18}}, s. 64; {{LegHistory00s|2002, c. 13}}, s. 28; {{LegHistory00s|2008, c. 18}}, s. 22. | ||
|[{{CCCSec|537}} CCC] | |[{{CCCSec|537}} CCC] | ||
|{{NoteUp|537|1}} | |{{NoteUp|537|1}} | ||
}} | }} | ||