Criminal Code

Marginal note:Exclusion of public in certain cases

• 486 (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may order the exclusion of all or any members of the public from the court room for all or part of the proceedings if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security.

• Marginal note:Protection of witnesses under 18 and justice system participants

  (2) For the purposes of subsection (1), the “proper administration of justice” includes ensuring that

  • (a) the interests of witnesses under the age of eighteen years are safeguarded in all proceedings; and

  • (b) justice system participants who are involved in the proceedings are protected.

• Marginal note:Reasons to be stated

  (3) If an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.