Criminal Code

Marginal note:When both parties appear

• 800 (1) Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial.

• Marginal note:Counsel or agent

  (2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

• Marginal note:Video links

  (2.1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.

• Marginal note:Appearance by organization

  (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.