Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Video-recorded Evidence

Marginal note:Evidence of victim or witness under 18
  •  (1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

  • R.S., 1985, c. 19 (3rd Supp.), s. 16;
  • 1997, c. 16, s. 7;
  • 2005, c. 32, s. 23.
Marginal note:Evidence of victim or witness who has a disability
  •  (1) In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

  • 1998, c. 9, s. 8;
  • 2005, c. 32, s. 23.

PART XXIIISENTENCING

Interpretation

Marginal note:Definitions

 In this Part,

“accused”

« accusé »

“accused” includes a defendant;

“alternative measures”

« mesures de rechange »

“alternative measures” means measures other than judicial proceedings under this Act used to deal with a person who is eighteen years of age or over and alleged to have committed an offence;

“court”

« tribunal »

“court” means

  • (a) a superior court of criminal jurisdiction,

  • (b) a court of criminal jurisdiction,

  • (c) a justice or provincial court judge acting as a summary conviction court under Part XXVII, or

  • (d) a court that hears an appeal;

“fine”

« amende »

“fine” includes a pecuniary penalty or other sum of money, but does not include restitution.

  • R.S., 1985, c. C-46, s. 716;
  • R.S., 1985, c. 27 (1st Supp.), s. 154;
  • 1995, c. 22, s. 6;
  • 1999, c. 5, s. 29(E).