INTRODUCTION AND BRIEF DESCRIPTION
Accused persons in prison may appear via closed-circuit television during trial, except during witness testimony, if they can communicate privately with counsel.
SECTION WORDING
650(1.2) Where the court so orders, an accused who is confined in prison may appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
EXPLANATION
Section 650(1.2) of the Criminal Code of Canada is a provision that allows an accused individual who is in prison to appear in court via a closed-circuit television or any other means that enable real-time visual and oral communication with the court during the trial. However, this provision has some limitations - an accused person can only appear remotely during a part of the trial that does not involve the witnesses' testimony, and only if they are represented by a lawyer. The main purpose of this section is to ensure that an accused person's right to a fair trial is not violated due to their physical absence from the court. If an accused person is in prison, it may not be feasible or practical for them to be physically present in court for every stage of the trial. In such situations, allowing them to appear remotely could help avoid delays and speed up the trial process. However, it's important to note that this provision does not apply to every case. The decision to permit an accused person to appear remotely is solely at the discretion of the court. The court must carefully weigh the benefits of remote appearance against the potential risks, including the possibility of technical glitches or issues with the credibility of the witness testimony. Overall, Section 650(1.2) reflects Canada's commitment to the principle of fundamental justice, which requires that all accused individuals have fair and equal access to the legal system, regardless of their circumstances.
COMMENTARY
Section 650(1.2) of the Criminal Code of Canada allows for an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication. This section of the Criminal Code provides a mechanism to ensure that an accused who is in prison is able to access their right to a fair trial. There are many reasons why an accused may be confined in prison during their trial. For example, they may be considered a flight risk or a risk to public safety. However, being in prison can make it difficult for an accused to participate in their trial. They may have limited access to legal counsel, and they may not be able to attend court in person. This can make it difficult for them to present their defence effectively. Section 650(1.2) of the Criminal Code addresses this issue by allowing an accused to appear in court via closed-circuit television or another means of communication. This means that an accused who is in prison can participate in their trial while still being confined. They can communicate with their legal counsel and participate in the proceedings, ensuring that their right to a fair trial is respected. This section of the Criminal Code is important because it ensures that all accused persons are able to access their right to a fair trial, regardless of their circumstances. It recognizes that being confined in prison should not prevent an accused from participating in their trial or effectively presenting their defence. However, it is important to note that there are limits to this provision. An accused can only appear by closed-circuit television or another means of communication if the court orders it and only for any part of the trial other than a part in which the evidence of a witness is taken. This is to ensure that the accused has the opportunity to cross-examine witnesses and present their defence in person. In addition, the accused must be given the opportunity to communicate privately with counsel. This is important to ensure that the accused is able to receive legal advice and effectively participate in their trial. Overall, section 650(1.2) of the Criminal Code is an important provision that ensures that all accused persons are able to access their right to a fair trial. It recognizes that being confined in prison should not prevent an accused from participating in their trial or effectively presenting their defence. By allowing an accused to appear by closed-circuit television or another means of communication, this provision provides a mechanism for ensuring that accused persons who are confined in prison are able to participate in their trial while still respecting the rights of witnesses and victims.
STRATEGY
Section 650(1.2) of the Criminal Code of Canada provides an avenue for accused individuals who are confined in prison to appear in court proceedings by means of closed-circuit television or other methods that enable visual and oral communication. This provision is subject to a court order and applies to any part of the trial other than when evidence from a witness is taken. Strategic considerations when dealing with this provision are numerous and depend on the specific circumstances of the case. Some key considerations include the potential impact on the accused's ability to present their case and the potential benefits and drawbacks of using technology to facilitate their participation in court proceedings. One potential advantage of using closed-circuit television or other remote communication methods is that it allows the accused to participate in proceedings without having to physically appear in court. This can be beneficial in cases where the accused is unable to attend court due to medical restrictions, or if attending court would cause undue hardship to the accused or their family. Additionally, the ability to appear remotely may allow the accused greater access to legal representation and the opportunity to work more closely with their legal team in preparing for trial. However, there are also potential drawbacks to using remote communication methods. One significant concern is the perceived impact on the accused's ability to present a full defence. Face-to-face interaction with witnesses and the jury can be a powerful tool in building a case, and the use of remote communication may be seen as hindering the accused's ability to communicate effectively and present their case in the strongest possible way. Another consideration when using remote communication methods is the reliability of the technology being used. Technical glitches or interruptions in communication can disrupt proceedings and may create challenges in presenting evidence or communicating with legal counsel. This may be particularly problematic in cases where time is of the essence or where there is a high degree of complexity involved. Despite these challenges, there are a number of strategies that can be employed to minimize the difficulties associated with using remote communication methods in court proceedings. One key strategy is to ensure that a reliable and secure technology platform is used. This may require coordination between the court, the accused's legal team, and the prison or detention centre where the accused is being held. Another strategy is to ensure that proper protocols are in place to ensure that the accused's right to a fair trial is not compromised. This may include measures such as ensuring that the accused has access to legal representation during proceedings, the ability to communicate privately with counsel, and the right to view and respond to evidence presented in court. Overall, the use of remote communication methods in court proceedings is an emerging area of law that requires careful consideration. While they can provide important benefits, they can also present potential challenges that must be addressed. Ultimately, it is important for legal practitioners to carefully consider the specific circumstances of each case and to develop strategies that best serve the interests of their clients while also upholding the principles of fairness and justice.