Remote Attendance of Counsel or Certain Other Participants: Difference between revisions

From Criminal Law Notebook
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A participant, including counsel, may appear under s. 715.25:
A participant, including counsel, may appear under s. 715.25:
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; Participants
; Participants
; Definition of participant
; Definition of participant
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|[{{CCCSec|715.25}} CCC]
|[{{CCCSec|715.25}} CCC]
|{{NoteUp|715.25|1|2|3|4|5}}
|{{NoteUp|715.25|1|2|3|4|5}}
|{{terms-
|"audioconference" (s. 2)
|"person" (s. 2)
|"justice" (s. 2)
|"videoconference" (s. 2)
}}
}}
}}


; Jury Trials
; Jury Trials
Under Part XX concerning jury trials:
Under Part XX concerning jury trials:
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{{quotation3|
; Remote appearance
; Remote appearance
650.02 The prosecutor or the counsel designated under section 650.01 {{AnnSec6|650.01}} may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.
650.02 The prosecutor or the counsel designated under section 650.01 {{AnnSec6|650.01}} may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.
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|[{{CCCSec|650.02}} CCC]
|[{{CCCSec|650.02}} CCC]
|{{NoteUp|650.02}}
|{{NoteUp|650.02}}
|"audioconference" (s. 2)
|"videoconference" (s. 2)
}}
}}



Revision as of 10:59, 18 June 2021

General Principles

See also: Remote Attendance

Depending on what venue and what stage of proceedings a criminal matter is in, counsel for the Crown or defence may be able to appear by tele-presence through video or audio link.

A participant, including counsel, may appear under s. 715.25:

Participants
Definition of participant

715.‍25 (1) In this section, "participant" means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.

Participation by audioconference or videoconference

(2) Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

(a) the location and personal circumstances of the participant;
(b) the costs that would be incurred if the participant were to participate personally;
(c) the nature of the participation;
(d) the suitability of the location from where the participant will participate;
(e) the accused’s right to a fair and public hearing; and
(f) the nature and seriousness of the offence.
Reasons

(3) If the court does not make an order under subsection (2) [participation by audioconference or videoconference] it shall include in the record a statement of the reasons for not doing so.

Cessation

(4) The court may, at any time, cease the use of the technological means referred to in subsection (2) [participation by audioconference or videoconference] and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.

Costs

(5) Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.
2019, c. 25, s. 292.
[annotation(s) added]

CCC


Note up: 715.25(1), (2), (3), (4), and (5)


Defined terms: "audioconference" (s. 2), "person" (s. 2), "justice" (s. 2), and "videoconference" (s. 2)

Jury Trials

Under Part XX concerning jury trials:

Remote appearance

650.02 The prosecutor or the counsel designated under section 650.01 [designation of counsel] may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.

2002, c. 13, s. 61; 2019, c. 25, s. 275.
[annotation(s) added]

CCC


Note up: 650.02


"audioconference" (s. 2)

See Also