Criminal Code

Marginal note:Right of appellant to attend

• 688 (1) Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal.

• Marginal note:Appellant represented by counsel

  (2) An appellant who is in custody and who is represented by counsel is not entitled to be present

  • (a) at the hearing of the appeal, where the appeal is on a ground involving a question of law alone,

  • (b) on an application for leave to appeal, or

  • (c) on any proceedings that are preliminary or incidental to an appeal,

  unless rules of court provide that he is entitled to be present or the court of appeal or a judge thereof gives him leave to be present.

• Marginal note:Manner of appearance

  (2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant appearing in person,

  • (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and

  • (b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference.

• Marginal note:Argument may be oral or in writing

  (3) An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented.

• Marginal note:Sentence in absence of appellant

  (4) A court of appeal may exercise its power to impose sentence notwithstanding that the appellant is not present.