Remote Attendance of Accused
| This page was last substantively updated or reviewed January 2023. (Rev. # 86827) |
General Principles
- Accused to be present
650 (1) Subject to subsections (1.1) and (2) [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 their trial, either in person or, if authorized under any of sections 715.231 to 715.241 , by audioconference or videoconference.
- Appearance by counsel
(1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.
(1.2) [Repealed, 2022, c. 17, s. 39]
[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; 2022, c. 17, s. 39.
- 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 in person.
2019, c. 25, s. 292; 2022, c. 17, s. 45(E).
- Provisions providing for audioconference or videoconference
715.22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.
2019, c. 25, s. 292.
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.
- 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.
- Audioconference and videoconference
Section 2 defines "audioconference" and videoconference".[1]
Summary Conviction Offences
In Part XXVII concerning summary convictions, s. 800 reads:
800
[omitted (1) and (2)]
- Video links
(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.
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) if the prosecutor and the accused consent, allow the accused to appear by counsel for any part of the inquiry, other than a part in which the evidence of a witness is taken; and
- (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; 2019, c. 25, s. 242; 2022, c. 17, s. 35.