Marginal note:Right to make full answer and defence
802. (1) The prosecutor is entitled personally to conduct his case and the defendant is entitled to make his full answer and defence.
Marginal note:Examination of witnesses
(2) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent.
Marginal note:On oath
(3) Every witness at a trial in proceedings to which this Part applies shall be examined under oath.
- R.S., c. C-34, s. 737.
Marginal note:Limitation on the use of agents
802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.
- 2002, c. 13, s. 79.
803. (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents.
Marginal note:Non-appearance of defendant
(2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court
(a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or
(b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of that defendant and adjourn the trial to await their appearance under the warrant.
Marginal note:Consent of Attorney General required
(3) If the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the defendant’s failure to appear at the time and place appointed for the trial or for the resumption of the trial shall, without the consent of the Attorney General, be instituted or be proceeded with.
Marginal note:Non-appearance of prosecutor
(4) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the summary conviction court may dismiss the information with or without costs.
(5) to (8) [Repealed, 1991, c. 43, s. 9]
- R.S., 1985, c. C-46, s. 803;
- 1991, c. 43, s. 9;
- 1994, c. 44, s. 79;
- 1997, c. 18, s. 112;
- 2008, c. 18, s. 45.
- Date modified: