Remote Attendance of Accused

This page was last substantively updated or reviewed January 2020. (Rev. # 84621)

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General Principles

650 (1) Subject to subsections (1.1) to (2) [various 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 his or her trial.

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(1.1) If the court so orders, and if the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken.

Video links

(1.2) If the court so orders, an accused who is confined in prison may appear by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.
[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.

– CCC (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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In Part XX.01 concerning remote attendance by certain persons, s. 715.23 reads:

Accused

Appearance by audioconference or videoconference

715.‍23 (1) Except as otherwise provided in this Act, the court may order an accused to appear 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 accused;

(b) the costs that would be incurred if the accused were to appear personally;

(c) the suitability of the location from where the accused will appear;

(d) the accused’s right to a fair and public hearing; and

(e) the nature and seriousness of the offence.

Reasons

(2) If the court does not make an order under subsection (1) [appearance by audioconference or videoconference] it shall include in the record a statement of the reasons for not doing so.

Cessation

(3) The court may, at any time, cease the use of the technological means referred to in subsection (1) [appearance by audioconference or videoconference] and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.

– CCC (CanLII), (DOJ)

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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.

– CCC (CanLII), (DOJ)

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Audioconference and videoconference

Section 2 defines "audioconference" and videoconference".

Summary Conviction Offences

In Part XXVII concerning summary convictions, s. 800 reads:

800
[omitted (1) and (2)]

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(2.1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.
[omitted (3)]
R.S., 1985, c. C-46, s. 800; 1997, c. 18, s. 111; 2003, c. 21, s. 21; 2019, c. 25, s. 317.

– CCC (CanLII), (DOJ)

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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) 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

(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.

– CCC (CanLII), (DOJ)

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See also

• Obligation of Accused to be Present During Proceedings
• Remote Attendance of Counsel or Other Participants
• Remote Testimony
• Remote Attendance at the Court of Appeal