An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)

• (b) if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;

• (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and

• (b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference.

• Marginal note:Signature

  (5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part must be signed by the justice, provincial court judge or the clerk of the court.

• Marginal note:Sexual offences

  (5.1) Despite anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.1 to 278.91, must be issued by a judge and signed by the judge or the clerk of the court.

Marginal note:Video links

• 700.1 (1) If a person is to give evidence under section 714.1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at that place.

Marginal note:If witness arrested under warrant

706 If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties.

• Marginal note:Review of detention

  (3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, the judge shall order them to be discharged or to be released on recognizance, with or without sureties, so that the witness will appear and give evidence when required. However, if the judge is satisfied that the continued detention of the witness is justified, the judge may order their continued detention until they do what is required of them under section 550 or the trial is concluded, or until they appear and give evidence when required, except that the total period of detention of the witness from the time they were first detained in custody shall not in any case exceed 90 days.

• Marginal note:Peine

  (2) Un tribunal, un juge, un juge de paix ou un juge de la cour provinciale peut traiter par voie sommaire une personne coupable d’un outrage au tribunal en vertu du présent article, et cette personne est passible d’une amende maximale de cent dollars et d’un emprisonnement maximal de quatre-vingt-dix jours, ou de l’une de ces peines, et il peut lui être ordonné de payer les frais résultant de la signification de tout acte judiciaire selon la présente partie et de sa détention, s’il en est.

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 personally;

• (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.