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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2023-01-25 and last amended on 2023-01-16. Previous Versions

PART XXII.01Remote Attendance by Certain Persons (continued)

Accused and Offenders (continued)

Marginal note:Trial — indictable offence

 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by videoconference during a jury trial when evidence is being presented to the jury.

Marginal note:Plea

  •  (1) The court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea.

  • Marginal note:Limitation

    (2) The court may allow the accused to appear by audioconference only if it is satisfied that

    • (a) videoconferencing is not readily available; and

    • (b) the appearance by audioconference would permit the court to inquire into the conditions for accepting a plea of guilty under subsection 606(1.1) despite the fact that the court would not be able to see the accused.

Marginal note:Sentencing

  •  (1) The court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes.

  • Marginal note:Limitation

    (2) The court may allow the offender to appear by audioconference only if videoconferencing is not readily available.

Marginal note:Proceedings not expressly provided for

 In any proceedings in respect of which this Act does not expressly authorize the court to allow an accused or offender to appear by audioconference or videoconference or limit or prohibit their appearance by those means, the court may allow the accused or offender to appear by either of those means.

Marginal note:Accused in custody — no evidence taken

 Despite sections 715.231 to 715.233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those sections, other than a part in which the evidence of a witness is taken.

Marginal note:Conditions — no access to legal advice

 Despite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be satisfied that they will be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.

Marginal note:Communication with counsel

 An accused or offender who appears by audioconference or videoconference must be given the opportunity to communicate privately with counsel if they are represented by counsel.

Participants

Marginal note:Definition of participant

  •  (1) In this section, participant means any person, other than an accused, an offender, 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 allow 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 in person;

    • (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.

  • (3) [Repealed, 2022, c. 17, s. 47]

  • (4) [Repealed, 2022, c. 17, s. 47]

  • 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.

Judge or Justice

Marginal note:Presiding by audioconference or videoconference

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Prospective Jurors

Marginal note:Definition of prospective juror

  •  (1) In this section, prospective juror means a person who has been summoned as a juror and who has not yet been sworn in accordance with Part XX.

  • Marginal note:Participation by videoconference

    (2) The court may, with the consent of the prosecutor and the accused, allow or require any or all prospective jurors to participate in the jury selection process by videoconference if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

    • (a) the challenges related to the in-person participation of prospective jurors;

    • (b) the nature of the participation;

    • (c) the suitability of the location from where the prospective jurors will participate;

    • (d) the privacy and security of the prospective jurors;

    • (e) the accused’s right to a fair and public hearing; and

    • (f) the nature and seriousness of the offence.

  • Marginal note:Location provided

    (3) The court may require prospective jurors to participate by videoconference only if the court has approved a location that will be provided for their participation where the technology for videoconferencing is available.

  • Marginal note:No location provided

    (4) The court shall give prospective jurors the option to participate in person if it allows for their participation by videoconference but no location approved by the court is provided for their participation by those means.

PART XXII.1Remediation Agreements

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    court

    court means a superior court of criminal jurisdiction but does not include a court of appeal. (tribunal)

    offence

    offence means any offence listed in the schedule to this Part. (infraction)

    organization

    organization has the same meaning as in section 2 but does not include a public body, trade union or municipality. (organisation)

    remediation agreement

    remediation agreement means an agreement, between an organization accused of having committed an offence and a prosecutor, to stay any proceedings related to that offence if the organization complies with the terms of the agreement. (accord de réparation)

    victim

    victim has the same meaning as in section 2 but, with respect to an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, it includes any person outside Canada. (victime)

  • Marginal note:Acting on victim’s behalf

    (2) For the purposes of this Part, a third party not referred to in section 2.2 may also act on a victim’s behalf when authorized to do so by the court, if the victim requests it or the prosecutor deems it appropriate.

  • 2018, c. 12, s. 404

Marginal note:Purpose

 The purpose of this Part is to establish a remediation agreement regime that is applicable to organizations alleged to have committed an offence and that has the following objectives:

  • (a) to denounce an organization’s wrongdoing and the harm that the wrongdoing has caused to victims or to the community;

  • (b) to hold the organization accountable for its wrongdoing through effective, proportionate and dissuasive penalties;

  • (c) to contribute to respect for the law by imposing an obligation on the organization to put in place corrective measures and promote a compliance culture;

  • (d) to encourage voluntary disclosure of the wrongdoing;

  • (e) to provide reparations for harm done to victims or to the community; and

  • (f) to reduce the negative consequences of the wrongdoing for persons — employees, customers, pensioners and others — who did not engage in the wrongdoing, while holding responsible those individuals who did engage in that wrongdoing.

  • 2018, c. 12, s. 404

Marginal note:Conditions for remediation agreement

  •  (1) The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met:

    • (a) the prosecutor is of the opinion that there is a reasonable prospect of conviction with respect to the offence;

    • (b) the prosecutor is of the opinion that the act or omission that forms the basis of the offence did not cause and was not likely to have caused serious bodily harm or death, or injury to national defence or national security, and was not committed for the benefit of, at the direction of, or in association with, a criminal organization or terrorist group;

    • (c) the prosecutor is of the opinion that negotiating the agreement is in the public interest and appropriate in the circumstances; and

    • (d) the Attorney General has consented to the negotiation of the agreement.

  • Marginal note:Factors to consider

    (2) For the purposes of paragraph (1)(c), the prosecutor must consider the following factors:

    • (a) the circumstances in which the act or omission that forms the basis of the offence was brought to the attention of investigative authorities;

    • (b) the nature and gravity of the act or omission and its impact on any victim;

    • (c) the degree of involvement of senior officers of the organization in the act or omission;

    • (d) whether the organization has taken disciplinary action, including termination of employment, against any person who was involved in the act or omission;

    • (e) whether the organization has made reparations or taken other measures to remedy the harm caused by the act or omission and to prevent the commission of similar acts or omissions;

    • (f) whether the organization has identified or expressed a willingness to identify any person involved in wrongdoing related to the act or omission;

    • (g) whether the organization — or any of its representatives — was convicted of an offence or sanctioned by a regulatory body, or whether it entered into a previous remediation agreement or other settlement, in Canada or elsewhere, for similar acts or omissions;

    • (h) whether the organization — or any of its representatives — is alleged to have committed any other offences, including those not listed in the schedule to this Part; and

    • (i) any other factor that the prosecutor considers relevant.

  • Marginal note:Factors not to consider

    (3) Despite paragraph (2)(i), if the organization is alleged to have committed an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, the prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada or the identity of the organization or individual involved.

  • 2018, c. 12, s. 404

Marginal note:Notice to organization — invitation to negotiate

  •  (1) If the prosecutor wishes to negotiate a remediation agreement, they must give the organization written notice of the offer to enter into negotiations and the notice must include

    • (a) a summary description of the offence to which the agreement would apply;

    • (b) an indication of the voluntary nature of the negotiation process;

    • (c) an indication of the legal effects of the agreement;

    • (d) an indication that, by agreeing to the terms of this notice, the organization explicitly waives the inclusion of the negotiation period and the period during which the agreement is in force in any assessment of the reasonableness of the delay between the day on which the charge is laid and the end of trial;

    • (e) an indication that negotiations must be carried out in good faith and that the organization must provide all information requested by the prosecutor that the organization is aware of or can obtain through reasonable efforts, including information enabling the identification of any person involved in the act or omission that forms the basis of the offence or any wrongdoing related to that act or omission;

    • (f) an indication of how the information disclosed by the organization during the negotiations may be used, subject to subsection (2);

    • (g) a warning that knowingly making false or misleading statements or knowingly providing false or misleading information during the negotiations may lead to the recommencement of proceedings or prosecution for obstruction of justice;

    • (h) an indication that either party may withdraw from the negotiations by providing written notice to the other party;

    • (i) an indication that reasonable efforts must be made by both parties to identify any victim as soon as practicable; and

    • (j) a deadline to accept the offer to negotiate according to the terms of the notice.

  • Marginal note:Admissions not admissible in evidence

    (2) No admission, confession or statement accepting responsibility for a given act or omission made by the organization during the negotiations is admissible in evidence against that organization in any civil or criminal proceedings related to that act or omission, except those contained in the statement of facts or admission of responsibility referred to in paragraphs 715.34(1)(a) and (b), if the parties reach an agreement and it is approved by the court.

  • 2018, c. 12, s. 404
 
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