Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Rules and practice same as in civil cases

714 Except where otherwise provided by this Part or by rules of court, the practice and procedure in connection with the appointment of commissioners under this Part, the taking of evidence by commissioners, the certifying and return thereof and the use of the evidence in the proceedings shall, as far as possible, be the same as those that govern like matters in civil proceedings in the superior court of the province in which the proceedings are taken.

Video and Audio Evidence

Marginal note:Audioconference and videoconference — witness in Canada

714.1 A court may order that a witness in Canada give evidence 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 witness;

• (b) the costs that would be incurred if the witness were to appear in person;

• (c) the nature of the witness’ anticipated evidence;

• (d) the suitability of the location from where the witness will give evidence;

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

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

• (g) any potential prejudice to the parties caused by the fact that the witness would not be seen by them, if the court were to order the evidence to be given by audioconference.

Marginal note:Videoconference — witness outside Canada

• 714.2 (1) A court shall receive evidence given by a witness outside Canada by videoconference, unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.

• Marginal note:Notice

  (2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than 10 days before the witness is scheduled to testify.

Marginal note:Audioconference — witness outside Canada

714.3 The court may receive evidence given by a witness outside Canada by audioconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including those set out in paragraphs 714.1(a) to (g).

Marginal note:Reasons

714.4 If the court does not make an order under section 714.1 or does not receive evidence under section 714.2 or 714.3, it shall include in the record a statement of the reasons for not doing so.

Marginal note:Cessation

714.41 The court may, at any time, cease the use of the technological means referred to in section 714.1, 714.2 or 714.3 and take any measure that the court considers appropriate in the circumstances to have the witness give evidence.

Marginal note:Oath or affirmation

714.5 The evidence referred to in section 714.2 or 714.3, that is given by a witness who is outside of Canada, shall be given

• (a) under oath or affirmation in accordance with Canadian law;

• (b) under oath or affirmation in accordance with the law in the place where the witness is physically present; or

• (c) in any other manner that demonstrates that the witness understands that they must tell the truth.

Marginal note:Other laws about witnesses to apply

714.6 When a witness who is outside Canada gives evidence under section 714.2 or 714.3, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.

Marginal note:Costs of technology

714.7 Unless the court orders otherwise, a party who calls a witness to give evidence by means of the technology referred to in section 714.1, 714.2 or 714.3 shall pay any costs associated with the use of the technology.

Marginal note:Consent

714.8 Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by audioconference or videoconference, if the parties so consent.

Evidence Previously Taken

Marginal note:Evidence at preliminary inquiry may be read at trial in certain cases

• 715 (1) Where, at the trial of an accused, a person whose evidence was given at a previous trial on the same charge, or whose evidence was taken in the investigation of the charge against the accused or on the preliminary inquiry into the charge, refuses to be sworn or to give evidence, or if facts are proved on oath from which it can be inferred reasonably that the person

  • (a) is dead,

  • (b) has since become and is insane,

  • (c) is so ill that he is unable to travel or testify, or

  • (d) is absent from Canada,

  and where it is proved that the evidence was taken in the presence of the accused, it may be admitted as evidence in the proceedings without further proof, unless the accused proves that the accused did not have full opportunity to cross-examine the witness.

• Marginal note:Admission of evidence

  (2) Evidence that has been taken on the preliminary inquiry or other investigation of a charge against an accused may be admitted as evidence in the prosecution of the accused for any other offence on the same proof and in the same manner in all respects, as it might, according to law, be admitted as evidence in the prosecution of the offence with which the accused was charged when the evidence was taken.

• Marginal note:Admission of evidence

  (2.1) Despite subsections (1) and (2), evidence that has been taken at a preliminary inquiry in the absence of the accused may be admitted as evidence for the purposes referred to in those subsections if the accused was absent further to the permission of a justice granted under paragraph 537(1)(j.1).

• Marginal note:Absconding accused deemed present

  (3) For the purposes of this section, where evidence was taken at a previous trial or preliminary hearing or other proceeding in respect of an accused in the absence of the accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.

• Marginal note:Exception

  (4) Subsections (1) to (3) do not apply in respect of evidence received under subsection 540(7).

Marginal note:Transcript of evidence

• 715.01 (1) Despite section 715, the transcript of testimony given by a police officer, as defined in section 183, in the presence of an accused during a voir dire or preliminary inquiry held in relation to the accused’s trial may be received in evidence at that trial.

• Marginal note:Notice of intention to produce evidence

  (2) No transcript is to be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the transcript.

• Marginal note:Attendance of police officer

  (3) The court may require the attendance of the police officer for the purposes of examination or cross-examination, as the case may be.

• Marginal note:Admission of evidence

  (4) Despite subsection (1), evidence that has been taken at a preliminary inquiry in the absence of an accused may be received in evidence for the purposes referred to in that subsection if the accused’s absence was authorized by a justice under paragraph 537(1)(j.1).

• Marginal note:Absconding accused deemed present

  (5) For the purposes of this section, if evidence was taken during a voir dire or preliminary inquiry in the absence of an accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.

• Marginal note:Exception

  (6) This section does not apply to any evidence received under subsection 540(7).

Video-recorded Evidence

Marginal note:Evidence of victim or witness under 18

• 715.1 (1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

• Marginal note:Order prohibiting use

  (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

Marginal note:Evidence of victim or witness who has a disability

• 715.2 (1) In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

• Marginal note:Order prohibiting use

  (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

PART XXII.01Remote Attendance by Certain Persons

Principles

Marginal note:Attendance

715.21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so in person.

Marginal note:Provisions providing for audioconference or videoconference

715.22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.

General

Marginal note:Reasons

715.221 If the court denies a request respecting a person’s appearance or participation by audioconference or videoconference under this Part, it shall include in the record a statement of the reasons for the denial.

Marginal note:Cessation

715.222 If the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take any measure that it considers appropriate in the circumstances to have the person appear at or participate in the proceedings.

Accused and Offenders

Marginal note:Considerations — appearance by audioconference or videoconference

715.23 Before making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.231 to 715.241, the court must be of the opinion that the appearance by those means would be appropriate having regard to all the circumstances, including

• (a) the location and personal circumstances of the accused or offender;

• (b) the costs that would be incurred if the accused or offender were to appear in person;

• (c) the suitability of the location from where the accused or offender will appear;

• (d) the accused’s or offender’s right to a fair and public hearing; and

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

Marginal note:Preliminary inquiry

715.231 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at the preliminary inquiry.

Marginal note:Trial — summary conviction offence

715.232 The court may allow an accused to appear by videoconference at a trial for a summary conviction offence

• (a) if the accused is not in custody, with the consent of the accused and the prosecutor; and

• (b) if the accused is in custody, with the consent of the accused.