Remote Attendance of Judges or Jurors: Difference between revisions

From Criminal Law Notebook
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; Cessation
; Cessation
(3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) {{AnnSec|715.26(1)}} and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.<br>
(3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) {{AnnSec7|715.26(1)}} and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.<br>
{{LegHistory10s|2019, c. 25}}, s. 292.
{{LegHistory10s|2019, c. 25}}, s. 292.
|{{CCCSec2|715.26}}
|{{CCCSec2|715.26}}
|{{NoteUp|715.26|1|2|3}}
|{{NoteUp|715.26|1|2|3}}
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Revision as of 21:33, 13 May 2023

This page was last substantively updated or reviewed January 2020. (Rev. # 86152)

Remote Attendance by Judge, Justice or Juror

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) [presiding by audioconference or videoconference] and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.
2019, c. 25, s. 292.

CCC (CanLII), (DOJ)


Note up: 715.26(1), (2) and (3)