INTRODUCTION AND BRIEF DESCRIPTION
688(2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing, (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the court; and (b) at the hearing of the appeal, if the appellant has access to legal advice, he or she appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication.
Section 688(2.1) of the Criminal Code of Canada deals with the appearance of an appellant who is in custody at any proceedings on appeal. It provides for the court to order alternative means of appearance in cases where the appellant is entitled to be present but cannot appear personally. Subsection (a) allows the appellant to appear by any suitable telecommunication device, including telephone, for any preliminary or incidental proceedings of the appeal. This is to ensure that the appellant can participate in the early stages of the appeal process, despite being in custody. It also allows for greater flexibility for the court in handling appeals that may be brought from different locations. Subsection (b) provides that, for the hearing of the appeal, if the appellant has access to legal advice, they may appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication. This means that even if the appellant is physically absent from the courtroom, they can still effectively participate in the proceedings. These provisions are important as they balance the rights of the accused with the practical realities of managing an appeal process in a criminal justice system. They ensure that an appellant can have a meaningful participation in their appeal, despite being in custody, by allowing for various alternative means of appearance. Overall, it ensures that the appeal process is fair and just for all parties involved.
Section 688(2.1) of the Criminal Code of Canada allows for appellants in custody to appear before the court by means of telecommunication devices. This provision recognizes the importance of an appellant's participation in the appeals process, while also acknowledging the logistical and security challenges that may arise from transporting them to and from the court. The use of telecommunication devices allows for a more efficient and cost-effective approach to appeal proceedings. It also enhances the safety and security of those involved, including the appellant, court staff, and law enforcement officers. This provision also recognizes the importance of an appellant's right to legal representation, even when they are in custody. It is important for appellants to be able to communicate effectively with their lawyers and provide their input in the appeals process. In a society where technology is rapidly advancing, the use of telecommunication devices in legal proceedings is becoming increasingly common. It allows for a more flexible and modern approach to justice, which is especially relevant for those in custody. The provision in section 688(2.1) of the Criminal Code of Canada reflects this shift towards modernization in the court system. Critics may argue that the use of telecommunication devices may compromise an appellant's ability to fully participate in the appeals process, as they are not physically present in the courtroom. However, this provision acknowledges the importance of an appellant's presence and engagement in their appeals process, which can be achieved through the use of visual and oral communication technology. Overall, section 688(2.1) of the Criminal Code of Canada recognizes the need for a modern and flexible approach to appeal proceedings, especially for those in custody. It acknowledges the importance of an appellant's participation in the appeals process and their right to legal representation, while also addressing logistical and security challenges. The use of telecommunication devices allows for a more efficient, effective, and safe appeals process for all involved.
Section 688(2.1) of the Criminal Code of Canada is a provision that allows an appellant in custody to appear through telecommunication devices, including closed-circuit television or telephone. This provision aims to ensure that the rights of appellants who are in custody are protected while at the same time maintaining security and order in the court proceedings. However, there are strategic considerations that a party may need to take into account when dealing with this section, and some of these considerations and strategies are discussed below. One of the primary strategic considerations is the impact of technology and its limitations. In a telecommunication setup, the clarity and quality of the transmission signals may become a problem and can result in difficulties in the communication between the appellant and the court. Moreover, the presence of background noise or interruptions, as well as issues with the connection quality, may disrupt the proceedings, which could prove detrimental to the appellant. As such, the party may need to consider the technological equipment and options available and ensure that they comply with the standards and practices expected by the court. This consideration can lead to strategies such as conducting tests and trials with the equipment and technology before the actual court proceedings. Another strategy related to technology is the preparation of witnesses and technical support personnel. Witnesses may need to be trained or coached on how to use the equipment and technology while giving evidence or appearing before the court via telecommunication. This strategy will ensure that the appellant's case is presented well and that there is no miscommunication or technical difficulties that may compromise the appellant's rights. Additionally, technical support personnel may need to be present during the proceedings to address any technical issues that may arise. The security of the appellant and the court is another critical strategic consideration when dealing with this section of the Criminal Code of Canada. If an appellant is in custody, there may be concerns for their safety during transportation to and from the court. In such cases, the party may need to consider alternative arrangements such as video conferencing. Additionally, the court may have security concerns regarding the use of telecommunications that put the safety of court personnel, witnesses, and members of the public at risk. To this end, the party may need to consider the level of security measures required by the court and ensure that these measures are implemented. Another strategic consideration is the impact of appearing virtually on the appellant's rights and their ability to participate fully in the proceedings. The appellant may be at a disadvantage due to the lack of physical presence in the court, which can affect their ability to interact with their counsel, communicate effectively, and observe the trial as it unfolds. As such, the party may need to consider how to ensure that the appellant's rights are protected and that they do not face any adverse effects from appearing via telecommunication. This consideration can lead to strategies such as providing the appellant with access to counsel during the proceedings and ensuring that all interactions between the appellant, the counsel, and the court are transparent, fair, and effective. In summary, the strategic considerations when dealing with Section 688(2.1) of the Criminal Code of Canada will vary depending on the specific circumstances of each case. However, some common strategic considerations that parties may need to consider include the technological limitations and necessary preparations, the security of the appellant and the court, and the impact of appearing virtually on the appellant's rights. Some of the strategies that may be employed to address these considerations include conducting equipment tests, providing training for witnesses and technical support personnel, implementing security measures, and providing the appellant with access to counsel during proceedings. By taking these considerations into account, parties can ensure that the appellant's rights are protected and that the court proceedings are fair and effective.