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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

PART XXIIProcuring Attendance (continued)

Evidence Previously Taken (continued)

Marginal note:Transcript of evidence

  •  (1) Despite section 715, the transcript of testimony given by a police officer, as defined in section 183, in the presence of an accused during a voir dire or preliminary inquiry held in relation to the accused’s trial may be received in evidence at that trial.

  • Marginal note:Notice of intention to produce evidence

    (2) No transcript is to be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the transcript.

  • Marginal note:Attendance of police officer

    (3) The court may require the attendance of the police officer for the purposes of examination or cross-examination, as the case may be.

  • Marginal note:Admission of evidence

    (4) Despite subsection (1), evidence that has been taken at a preliminary inquiry in the absence of an accused may be received in evidence for the purposes referred to in that subsection if the accused’s absence was authorized by a justice under paragraph 537(1)(j.1).

  • Marginal note:Absconding accused deemed present

    (5) For the purposes of this section, if evidence was taken during a voir dire or preliminary inquiry in the absence of an accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.

  • Marginal note:Exception

    (6) This section does not apply to any evidence received under subsection 540(7).

  • 2019, c. 25, s. 291

Video-recorded Evidence

Marginal note:Evidence of victim or witness under 18

  •  (1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

  • R.S., 1985, c. 19 (3rd Supp.), s. 16
  • 1997, c. 16, s. 7
  • 2005, c. 32, s. 23

Marginal note:Evidence of victim or witness who has a disability

  •  (1) In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

  • 1998, c. 9, s. 8
  • 2005, c. 32, s. 23

PART XXII.01Remote Attendance by Certain Persons

Principles

Marginal note:Attendance

 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally.

  • 2019, c. 25, s. 292

Marginal note:Provisions providing for audioconference or videoconference

 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.

  • 2019, c. 25, s. 292

Accused

Marginal note:Appearance by audioconference or videoconference

  •  (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.

  • 2019, c. 25, s. 292

Marginal note:Accused in prison

 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.

  • 2019, c. 25, s. 292

Participants

Marginal note:Definition of participant

  •  (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.

  • 2019, c. 25, s. 292

Judge or Justice

Marginal note:Presiding by audioconference or videoconference

  •  (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.

  • 2019, c. 25, s. 292
 
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