Marginal note:1994, c. 44, s. 53(2); 2002, c. 13, s. 28(1)

• 242 (1) Paragraphs 537(1)(i) and (j) of the Act are replaced by the following:

  • (i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;

  • (j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;

• Marginal note:1997, c. 18, s. 64(1)

  (2) Paragraph 537(1)(k) of the Act is replaced by the following:

  • (k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

• Marginal note:2008, c. 18, s. 22

  (3) Subsection 537(1.01) of the Act is replaced by the following:

  • Marginal note:Power provided under paragraph (1)(i)

    (1.01) For the purpose of paragraph (1)(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.

  • Marginal note:Section 715 or 715.01

    (1.02) If a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715 or 715.01.