Criminal Code

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.