292 The Act is amended by adding the following after section 715.2:
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 personally.
Marginal note:Provisions providing for audioconference or videoconference
715.22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.
Marginal note:Appearance by audioconference or videoconference
715.23 (1) Except as otherwise provided in this Act, the court may order an accused to appear 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 accused;
(b) the costs that would be incurred if the accused were to appear personally;
(c) the suitability of the location from where the accused will appear;
(d) the accused’s right to a fair and public hearing; and
(e) the nature and seriousness of the offence.
Marginal note:Reasons
(2) If the court does not make an order under subsection (1) it shall include in the record a statement of the reasons for not doing so.
Marginal note:Cessation
(3) The court may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.
Marginal note:Accused in prison
715.24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
Marginal note:Definition of participant
715.25 (1) In this section, participant means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.
Marginal note:Participation by audioconference or videoconference
(2) Except as otherwise provided in this Act, the court may order 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
(a) the location and personal circumstances of the participant;
(b) the costs that would be incurred if the participant were to participate personally;
(c) the nature of the participation;
(d) the suitability of the location from where the participant will participate;
(e) the accused’s right to a fair and public hearing; and
(f) the nature and seriousness of the offence.
Marginal note:Reasons
(3) If the court does not make an order under subsection (2) it shall include in the record a statement of the reasons for not doing so.
Marginal note:Cessation
(4) The court may, at any time, cease the use of the technological means referred to in subsection (2) and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.
Marginal note:Costs
(5) Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.
Marginal note:Presiding by audioconference or videoconference
715.26 (1) Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including
(a) the accused’s right to a fair and public hearing;
(b) the nature of the witness’ anticipated evidence;
(c) the nature and seriousness of the offence; and
(d) the suitability of the location from where the judge or justice will preside.
Marginal note:Reasons
(2) The judge or justice shall include in the record a statement of the judge or justice’s reasons for the decision to preside at the proceeding by audioconference or videoconference.
Marginal note:Cessation
(3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.