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Criminal Code

Version of section 278.4 from 2015-07-23 to 2020-11-17:


Marginal note:Hearing in camera

  •  (1) The judge shall hold a hearing in camera to determine whether to order the person who has possession or control of the record to produce it to the court for review by the judge.

  • Marginal note:Persons who may appear at hearing

    (2) The person who has possession or control of the record, the complainant or witness, as the case may be, and any other person to whom the record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.

  • Marginal note:Right to counsel

    (2.1) The judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.

  • Marginal note:Costs

    (3) No order for costs may be made against a person referred to in subsection (2) in respect of their participation in the hearing.

  • 1997, c. 30, s. 1
  • 2015, c. 13, s. 7
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