Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Video links, etc. — witness outside Canada

• 714.2 (1) A court shall receive evidence given by a witness outside Canada by means of technology that permits the witness to testify in the virtual presence of the parties and the court unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.

• Marginal note:Notice

  (2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than ten days before the witness is scheduled to testify.

Marginal note:Audio evidence — witness in Canada

714.3 The court may order that a witness in Canada give evidence by means of technology that permits the parties and the court to hear and examine the witness elsewhere in Canada, if the court is of the opinion that it would be appropriate, considering all the circumstances including

• (a) the location and personal circumstances of the witness;

• (b) the costs that would be incurred if the witness had to be physically present;

• (c) the nature of the witness’ anticipated evidence; and

• (d) any potential prejudice to either of the parties caused by the fact that the witness would not be seen by them.

Marginal note:Audio evidence — witness outside Canada

714.4 The court may receive evidence given by a witness outside Canada by means of technology that permits the parties and the court in Canada to hear and examine the witness, if the court is of the opinion that it would be appropriate, considering all the circumstances including

• (a) the nature of the witness’ anticipated evidence; and

• (b) any potential prejudice to either of the parties caused by the fact that the witness would not be seen by them.

Marginal note:Oath or affirmation

714.5 The evidence given under section 714.2 or 714.4 shall be given

• (a) under oath or affirmation in accordance with Canadian law;

• (b) under oath or affirmation in accordance with the law in the place in which the witness is physically present; or

• (c) in any other manner that demonstrates that the witness understands that they must tell the truth.

Marginal note:Other laws about witnesses to apply

714.6 When a witness who is outside Canada gives evidence under section 714.2 or 714.4, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.