Marginal note:Audioconference and videoconference — witness in Canada

714.1 A court may order that a witness in Canada give evidence by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

• (a) the location and personal circumstances of the witness;

• (b) the costs that would be incurred if the witness were to appear personally;

• (c) the nature of the witness’ anticipated evidence;

• (d) the suitability of the location from where the witness will give evidence;

• (e) the accused’s right to a fair and public hearing;

• (f) the nature and seriousness of the offence; and

• (g) any potential prejudice to the parties caused by the fact that the witness would not be seen by them, if the court were to order the evidence to be given by audioconference.

Marginal note:Videoconference — witness outside Canada

• 714.2 (1) A court shall receive evidence given by a witness outside Canada by videoconference, unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.

• Marginal note:Notice

  (2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than 10 days before the witness is scheduled to testify.

Marginal note:Audioconference — witness outside Canada

714.3 The court may receive evidence given by a witness outside Canada by audioconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including those set out in paragraphs 714.1(a) to (g).

Marginal note:Reasons

714.4 If the court does not make an order under section 714.1 or does not receive evidence under section 714.2 or 714.3, it shall include in the record a statement of the reasons for not doing so.

Marginal note:Cessation

714.41 The court may, at any time, cease the use of the technological means referred to in section 714.1, 714.2 or 714.3 and take any measure that the court considers appropriate in the circumstances to have the witness give evidence.

Marginal note:Oath or affirmation

714.5 The evidence referred to in section 714.2 or 714.3, that is given by a witness who is outside of Canada, shall be given

• (a) under oath or affirmation in accordance with Canadian law;

• (b) under oath or affirmation in accordance with the law in the place where the witness is physically present; or

• (c) in any other manner that demonstrates that the witness understands that they must tell the truth.

Marginal note:Other laws about witnesses to apply

714.6 When a witness who is outside Canada gives evidence under section 714.2 or 714.3, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.

Marginal note:Costs of technology

714.7 Unless the court orders otherwise, a party who calls a witness to give evidence by means of the technology referred to in section 714.1, 714.2 or 714.3 shall pay any costs associated with the use of the technology.

Marginal note:Consent

714.8 Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by audioconference or videoconference, if the parties so consent.