486.2 (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

Marginal note:Other witnesses

(2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

Marginal note:Application

(2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

Marginal note:Factors to be considered

(3) In determining whether to make an order under subsection (2), the judge or justice shall consider

• (a) the age of the witness;

• (b) the witness’ mental or physical disabilities, if any;

• (c) the nature of the offence;

• (d) the nature of any relationship between the witness and the accused;

• (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

• (f) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer;

• (g) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

• (h) any other factor that the judge or justice considers relevant.

Marginal note:Same procedure for determination

(4) If the judge or justice is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) should be made in respect of that witness, the judge or justice shall order that the witness testify in accordance with that subsection.

Marginal note:Conditions of exclusion

(5) A witness shall not testify outside the court room in accordance with an order made under subsection (1) or (2) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

Marginal note:No adverse inference

(6) No adverse inference may be drawn from the fact that an order is, or is not, made under subsection (1) or (2).

486.3 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

Marginal note:Accused not to cross-examine complainant — certain offences

(2) In any proceedings against an accused in respect of an offence under any of sections 264, 271, 272 and 273, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

Marginal note:Other witnesses

(3) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused not personally cross-examine the witness if the judge or justice is of the opinion that the order would allow the giving of a full and candid account from the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. If the order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

Marginal note:Factors to be considered

(4) In determining whether to make an order under subsection (3), the judge or justice shall consider

• (a) the age of the witness;

• (b) the witness’ mental or physical disabilities, if any;

• (c) the nature of the offence;

• (d) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

• (e) the nature of any relationship between the witness and the accused;

• (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

• (g) any other factor that the judge or justice considers relevant.

Marginal note:Application

(4.1) An application referred to in any of subsections (1) to (3) may be made during the proceedings to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

486.31 (1) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.

Marginal note:Hearing may be held

(2) The judge or justice may hold a hearing to determine whether the order should be made, and the hearing may be in private.

Marginal note:Factors to be considered

(3) In determining whether to make the order, the judge or justice shall consider

• (a) the right to a fair and public hearing;

• (b) the nature of the offence;

• (c) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

• (d) whether the order is needed to protect the security of anyone known to the witness;

• (e) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer;

• (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;

• (g) the importance of the witness’ testimony to the case;

• (h) whether effective alternatives to the making of the proposed order are available in the circumstances;

• (i) the salutary and deleterious effects of the proposed order; and

• (j) any other factor that the judge or justice considers relevant.

Marginal note:No adverse inference

(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.