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From Criminal Law Notebook

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|s. 151 {{DescrSec|151}} || || ||
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Record Suspensions and Pardons

Convictions under s. 162 [voyeurism] are ineligible for record suspensions pursuant to s. 4 of the Criminal Records Act. An exception can be made under s. 4(3) for those offences where there was no relationship of “trust”, “authority” or “dependency”; no violence, threats or coercion; and age difference between victim and offender is less than 5 years. Convictions under s. 266 [voyeurism] are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years after the expiration of sentence for summary conviction offences and 10 years after the expiration of sentence for all other offences. The offender may not have the record suspended where the offender was (1) convicted of 3 or more offences with a maximum penalty of life, and (2) for each 3 offences he "was sentenced to imprisonment for two years or more".

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The court may allow video testimony if it is "appropriate" in "all the circumstances" including:
  • the location and personal circumstances of the witness
  • the costs that would be incurred if the witness had to be physically present; and
  • the nature of the witness’ anticipated evidence.
s. 714.1

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