Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-10-15 and last amended on 2014-09-19. Previous Versions

Marginal note:Accused to be present
  •  (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of his or her trial.

  • Marginal note:Video links

    (1.1) Where the court so orders, and where the prosecutor and the accused so agree, the accused may 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 trial other than a part in which the evidence of a witness is taken.

  • Marginal note:Video links

    (1.2) Where the court so orders, an accused who is confined in prison may appear 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 trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.

  • Marginal note:Exceptions

    (2) The court may

    • (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;

    • (b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or

    • (c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.

  • Marginal note:To make defence

    (3) An accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel.

  • 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.
Marginal note:Designation of counsel of record
  •  (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.

  • Marginal note:Contents of designation

    (2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.

  • Marginal note:Effect of designation

    (3) If a designation is filed,

    • (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than

      • (i) a part during which oral evidence of a witness is taken,

      • (ii) a part during which jurors are being selected, and

      • (iii) an application for a writ of habeas corpus;

    • (b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and

    • (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.

  • Marginal note:When court orders presence of accused

    (4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may

    • (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or

    • (b) issue a warrant to compel the presence of the accused.

  • 2002, c. 13, s. 61.