Remote Attendance of Counsel or Certain Other Participants
| This page was last substantively updated or reviewed January 2020. (Rev. # 78489) |
General Principles
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.
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- 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.
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