An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (S.C. 2022, c. 17)
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Assented to 2022-12-15
R.S., c. C-46Criminal Code (continued)
Marginal note:1992, c. 47, s. 71; 1996, c. 7, s. 38
31 Subsection 509(5) of the Act is replaced by the following:
Marginal note:Attendance for purposes of Identification of Criminals Act
(5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.
Marginal note:2019, c. 25, s. 225(2)
32 Subsection 515(2.2) of the English version of the Act is replaced by the following:
Marginal note:Appearance of the accused
(2.2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear in person but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.
33 The Act is amended by adding the following after section 515:
Marginal note:Attendance — Identification of Criminals Act
515.01 When a release order is made under section 515, the judge or justice may also make an order, in Form 11.1, requiring the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is charged with an offence referred to in paragraph 2(1)(c) of that Act.
Marginal note:1997, c. 39, s. 2
34 Section 529.5 of the Act is replaced by the following:
Marginal note:Means of telecommunication
529.5 An application for a warrant under section 529.1 or an authorization under section 529 or 529.4 may be submitted, and the warrant or authorization may be issued, by a means of telecommunication, and section 487.1 applies for those purposes with any necessary modifications.
Marginal note:2019, c. 25, s. 242(1)
35 (1) Paragraph 537(1)(j) of the Act is replaced by the following:
(j) if the prosecutor and the accused consent, allow the accused to appear by counsel for any part of the inquiry, other than a part in which the evidence of a witness is taken; and
Marginal note:2019, c. 25, s. 242(2)
(2) Subsection 537(1) of the Act is amended by striking out “and” at the end of paragraph (j.1) and by repealing paragraph (k).
Marginal note:2019, c. 25, s. 252(1)
36 (1) Subsections 555(1) and (1.1) of the Act are replaced by the following:
Marginal note:If charge should be prosecuted by indictment
555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Marginal note:Election before justice
(1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Marginal note:2019, c. 25, s. 252(2)
(2) Paragraph 555(3)(a) of the Act is replaced by the following:
(a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and
Marginal note:2002, c. 13, s. 49(2)
37 Subsection 606(5) of the Act is repealed.
38 The Act is amended by adding the following after section 631:
Marginal note:Electronic or automated means
631.1 Any electronic or other automated means may be used to select jurors so long as the jurors would be randomly selected as required by the jury selection process described in subsections 631(1) to (5).
Marginal note:2003, c. 21, s. 12; 2019, c. 25, s. 274
39 Subsections 650(1) to (1.2) of the Act are replaced by the following:
Marginal note:Accused to be present
650 (1) Subject to subsections (1.1) and (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241, by audioconference or videoconference.
Marginal note:Appearance by counsel
(1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.
Marginal note:1994, c. 44, s. 65
40 Subsection 669.2(5) of the English version of the Act is replaced by the following:
Marginal note:Where trial continued
(5) Where a trial is continued under subsection (4), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the judge before whom the trial is continued but, if the prosecutor and the accused consent, any part of that evidence may be adduced again before the judge before whom the trial is continued.
Marginal note:2019, c. 25, s. 278
41 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
Marginal note:2019, c. 25, s. 402(14)
42 Subsection 680(1) of the Act is replaced by the following:
Marginal note:Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
(a) vary the decision; or
(b) substitute another decision that, in its opinion, should have been made.
Marginal note:2002, c. 13, s. 68
43 The portion of subsection 688(2.1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Manner of appearance
(2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant appearing in person,
Marginal note:2019, c. 25, s. 290
44 Paragraph 714.1(b) of the English version of the Act is replaced by the following:
(b) the costs that would be incurred if the witness were to appear in person;
Marginal note:2019, c. 25, s. 292
45 Section 715.21 of the English version of the Act is replaced by the following:
Marginal note:Attendance
715.21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so in person.
Marginal note:2019, c. 25, s. 292
46 The heading before section 715.23 and sections 715.23 and 715.24 of the Act are replaced by the following:
General
Marginal note:Reasons
715.221 If the court denies a request respecting a person’s appearance or participation by audioconference or videoconference under this Part, it shall include in the record a statement of the reasons for the denial.
Marginal note:Cessation
715.222 If the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take any measure that it considers appropriate in the circumstances to have the person appear at or participate in the proceedings.
Accused and Offenders
Marginal note:Considerations — appearance by audioconference or videoconference
715.23 Before making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.231 to 715.241, the court must be of the opinion that the appearance by those means would be appropriate having regard to all the circumstances, including
(a) the location and personal circumstances of the accused or offender;
(b) the costs that would be incurred if the accused or offender were to appear in person;
(c) the suitability of the location from where the accused or offender will appear;
(d) the accused’s or offender’s right to a fair and public hearing; and
(e) the nature and seriousness of the offence.
Marginal note:Preliminary inquiry
715.231 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at the preliminary inquiry.
Marginal note:Trial — summary conviction offence
715.232 The court may allow an accused to appear by videoconference at a trial for a summary conviction offence
(a) if the accused is not in custody, with the consent of the accused and the prosecutor; and
(b) if the accused is in custody, with the consent of the accused.
Marginal note:Trial — indictable offence
715.233 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by videoconference during a jury trial when evidence is being presented to the jury.
Marginal note:Plea
715.234 (1) The court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea.
Marginal note:Limitation
(2) The court may allow the accused to appear by audioconference only if it is satisfied that
(a) videoconferencing is not readily available; and
(b) the appearance by audioconference would permit the court to inquire into the conditions for accepting a plea of guilty under subsection 606(1.1) despite the fact that the court would not be able to see the accused.
Marginal note:Sentencing
715.235 (1) The court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes.
Marginal note:Limitation
(2) The court may allow the offender to appear by audioconference only if videoconferencing is not readily available.
Marginal note:Proceedings not expressly provided for
715.24 In any proceedings in respect of which this Act does not expressly authorize the court to allow an accused or offender to appear by audioconference or videoconference or limit or prohibit their appearance by those means, the court may allow the accused or offender to appear by either of those means.
Marginal note:Accused in custody — no evidence taken
715.241 Despite sections 715.231 to 715.233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those sections, other than a part in which the evidence of a witness is taken.
Marginal note:Conditions — no access to legal advice
715.242 Despite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be satisfied that they will be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.
Marginal note:Communication with counsel
715.243 An accused or offender who appears by audioconference or videoconference must be given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2019, c. 25, s. 292
47 (1) Subsection 715.25(1) of the Act is replaced by the following:
Marginal note:Definition of participant
715.25 (1) In this section, participant means any person, other than an accused, an offender, a witness, a juror, a judge or a justice, who may participate in a proceeding.
Marginal note:2019, c. 25, s. 292
(2) The portion of subsection 715.25(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Participation by audioconference or videoconference
(2) Except as otherwise provided in this Act, the court may allow a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
Marginal note:2019, c. 25, s. 292
(3) Paragraph 715.25(2)(b) of the English version of the Act is replaced by the following:
(b) the costs that would be incurred if the participant were to participate in person;
Marginal note:2019, c. 25, s. 292
(4) Subsections 715.25(3) and (4) of the Act are repealed.
48 The Act is amended by adding the following after section 715.26:
Prospective Jurors
Marginal note:Definition of prospective juror
715.27 (1) In this section, prospective juror means a person who has been summoned as a juror and who has not yet been sworn in accordance with Part XX.
Marginal note:Participation by videoconference
(2) The court may, with the consent of the prosecutor and the accused, allow or require any or all prospective jurors to participate in the jury selection process by videoconference if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
(a) the challenges related to the in-person participation of prospective jurors;
(b) the nature of the participation;
(c) the suitability of the location from where the prospective jurors will participate;
(d) the privacy and security of the prospective jurors;
(e) the accused’s right to a fair and public hearing; and
(f) the nature and seriousness of the offence.
Marginal note:Location provided
(3) The court may require prospective jurors to participate by videoconference only if the court has approved a location that will be provided for their participation where the technology for videoconferencing is available.
Marginal note:No location provided
(4) The court shall give prospective jurors the option to participate in person if it allows for their participation by videoconference but no location approved by the court is provided for their participation by those means.
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