Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Designation of counsel of record

• 650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.

• Marginal note:Contents of designation

  (2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.

• Marginal note:Effect of designation

  (3) If a designation is filed,

  • (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than

    • (i) a part during which oral evidence of a witness is taken,

    • (ii) a part during which jurors are being selected, and

    • (iii) an application for a writ of habeas corpus;

  • (b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and

  • (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.

• Marginal note:When court orders presence of accused

  (4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may

  • (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or

  • (b) issue a warrant to compel the presence of the accused.