Criminal Code

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.