Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Accused to be present

• 650 (1) Subject to subsections (1.1) and (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241, by audioconference or videoconference.

• Marginal note:Appearance by counsel

  (1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.

• (1.2) [Repealed, 2022, c. 17, s. 39]

• Marginal note:Exceptions

  (2) The court may

  • (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;

  • (b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or

  • (c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.

• Marginal note:To make defence

  (3) An accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel.