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Accused in prison
715.24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
Annotations
- Part XXII
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.
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.
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.
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.
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.
Annotations
- Part XXII
Presiding by audioconference or videoconference
715.26 (1) Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including
(a) the accused’s right to a fair and public hearing;
(b) the nature of the witness’ anticipated evidence;
(c) the nature and seriousness of the offence; and
(d) the suitability of the location from where the judge or justice will preside.
Reasons
(2) The judge or justice shall include in the record a statement of the judge or justice’s reasons for the decision to preside at the proceeding by audioconference or videoconference.
Cessation
(3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.
Annotations
- Part XXII