GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 713
Providing for presence of accused counsel 713 (1) A judge or provincial court judge who appoints a commissioner may make provision in the order to enable an accused to be present or represented by counsel when the evidence is taken, but failure of the accused to be present or to be represented by counsel in accordance with the order does not prevent the admission of the evidence in the proceedings if the evidence has otherwise been taken in accordance with the order and with this Part. Return of evidence (2) An order for the taking of evidence by commission shall indicate the officer of the court to whom the evidence that is taken under the order shall be returned. R.S., 1985, c. C-46, s. 713; R.S., 1985, c. 27 (1st Supp.), s. 203; 1997, c. 18, s. 104
Criminal Code — C-46 713.1
Evidence not excluded 713.1 Evidence taken by a commissioner appointed under section 712 shall not be excluded by reason only that it would have been taken differently in Canada, provided that the process used to take the evidence is consistent with the law of the country where it was taken and that the process used to take the evidence was not contrary to the principles of fundamental justice. 1994, c. 44, s. 76
Criminal Code — C-46 714
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. R.S., c. C-34, s. 642
Criminal Code — C-46 714.1
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. 1999, c. 18, s. 95 2019, c. 25, s. 290 2022, c. 17, s. 44(E)
Criminal Code — C-46 714.2
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. 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. 1999, c. 18, s. 95 2019, c. 25, s. 290
Criminal Code — C-46 714.3
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). 1999, c. 18, s. 95 2019, c. 25, s. 290
Criminal Code — C-46 714.4
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. 1999, c. 18, s. 95 2019, c. 25, s. 290
Criminal Code — C-46 714.41
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. 2019, c. 25, s. 290
Criminal Code — C-46 714.5
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. 1999, c. 18, s. 95 2019, c. 25, s. 290
Criminal Code — C-46 714.6
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. 1999, c. 18, s. 95 2019, c. 25, s. 290
Criminal Code — C-46 714.7
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. 1999, c. 18, s. 95 2019, c. 25, s. 290
Criminal Code — C-46 714.8
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. 1999, c. 18, s. 95 2019, c. 25, s. 290
Criminal Code — C-46 715
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. 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. 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). 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. Exception (4) Subsections (1) to (3) do not apply in respect of evidence received under subsection 540(7). R.S., 1985, c. C-46, s. 715; 1994, c. 44, s. 77; 1997, c. 18, s. 105; 2002, c. 13, s. 72; 2008, c. 18, s. 34
Criminal Code — C-46 715.01
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. 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. 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. 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). 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. Exception (6) This section does not apply to any evidence received under subsection 540(7). 2019, c. 25, s. 291
Criminal Code — C-46 715.1
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. Order prohibiting use (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1). R.S., 1985, c. 19 (3rd Supp.), s. 16; 1997, c. 16, s. 7; 2005, c. 32, s. 23
Criminal Code — C-46 715.2
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. Order prohibiting use (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1). 1998, c. 9, s. 8; 2005, c. 32, s. 23
Criminal Code — C-46 715.21
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. 2019, c. 25, s. 292 2022, c. 17, s. 45(E)
Criminal Code — C-46 715.22
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. 2019, c. 25, s. 292
Criminal Code — C-46 715.221
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. 2022, c. 17, s. 46
Criminal Code — C-46 715.222
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. 2022, c. 17, s. 46
Criminal Code — C-46 715.23
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. 2019, c. 25, s. 292 2022, c. 17, s. 46
Criminal Code — C-46 715.231
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. 2022, c. 17, s. 46
Criminal Code — C-46 715.232
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. 2022, c. 17, s. 46
Criminal Code — C-46 715.233
Trial — indictable offence 715.233 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. 2022, c. 17, s. 46
Criminal Code — C-46 715.234
Plea 715.234 (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. 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. 2022, c. 17, s. 46
Criminal Code — C-46 715.235
Sentencing 715.235 (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. Limitation (2) The court may allow the offender to appear by audioconference only if videoconferencing is not readily available. 2022, c. 17, s. 46
Criminal Code — C-46 715.24
Proceedings not expressly provided for 715.24 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. 2019, c. 25, s. 292 2022, c. 17, s. 46
Criminal Code — C-46 715.241
Accused in custody — no evidence taken 715.241 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. 2022, c. 17, s. 46
Criminal Code — C-46 715.242
Conditions — no access to legal advice 715.242 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. 2022, c. 17, s. 46
Criminal Code — C-46 715.243
Communication with counsel 715.243 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. 2022, c. 17, s. 46
Criminal Code — C-46 715.25
Definition of participant 715.25 (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. 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] 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. 2019, c. 25, s. 292 2022, c. 17, s. 47
Criminal Code — C-46 715.26
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. 2019, c. 25, s. 292
Criminal Code — C-46 715.27
Definition of prospective juror 715.27 (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. 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. 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. 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. 2022, c. 17, s. 48
Criminal Code — C-46 715.3
Definitions 715.3 (1) The following definitions apply in this Part. court means a superior court of criminal jurisdiction but does not include a court of appeal. ( tribunal ) offence means any offence listed in the schedule to this Part. ( infraction ) organization has the same meaning as in section 2 but does not include a public body, trade union or municipality. ( organisation ) 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 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 ) 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
Criminal Code — C-46
court means a superior court of criminal jurisdiction but does not include a court of appeal. ( tribunal )
Criminal Code — C-46
offence means any offence listed in the schedule to this Part. ( infraction )
Criminal Code — C-46
organization has the same meaning as in section 2 but does not include a public body, trade union or municipality. ( organisation )
Criminal Code — C-46
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 )
Criminal Code — C-46
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 )
Criminal Code — C-46 715.31
Purpose 715.31 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