section 800(2.1)

INTRODUCTION AND BRIEF DESCRIPTION

Defendants in prison can appear in court via closed-circuit television if ordered by the court and agreed upon by the defendant, as long as the opportunity for private communication with counsel is provided.

SECTION WORDING

800(2.1) Where the court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or any other means that allow the court and the defendant to engage in simultaneous visual and oral communication, if the defendant is given the opportunity to communicate privately with counsel, in a case in which the defendant is represented by counsel.

EXPLANATION

Section 800(2.1) of the Criminal Code of Canada is a provision that allows defendants who are imprisoned to appear in court through closed-circuit television or any other means that allow for simultaneous visual and oral communication between the defendant and the court. This provision is only applicable when the court orders it and the defendant agrees to it. In addition, the defendant is required to be given the opportunity to communicate privately with their counsel. The purpose of this provision is to ensure that defendants are able to participate in legal proceedings without having to physically be present in the courtroom. This is particularly important for defendants who are incarcerated and may not have access to transportation or may have physical limitations that prevent them from attending court in person. Using technology to facilitate court appearances can help to ensure that there are no unnecessary delays in legal proceedings and can also reduce costs associated with transporting defendants to and from court. However, it is important to note that the use of closed-circuit television or other means of video conferencing for court appearances should be handled with care and sensitivity. Defendants who are incarcerated are often vulnerable and may feel isolated from the outside world. They may also be dealing with mental health issues or other challenges that can make it difficult for them to participate fully in legal proceedings. It is therefore important for the court to ensure that defendants who appear via video conferencing are given all of the same rights and accommodations as those who are physically present in the courtroom. This can include providing access to confidential conversations with counsel, ensuring that the defendant is able to hear and see the proceedings clearly, and allowing for breaks if necessary.

COMMENTARY

Section 800(2.1) of the Criminal Code of Canada provides that a defendant who is confined in prison may appear by closed-circuit television or any other means that allow the court and the defendant to engage in simultaneous visual and oral communication, if the court so orders and the defendant agrees. This provision has significant implications for the administration of justice, as it provides an alternative means for defendants to attend court without physically being present. One of the primary benefits of this provision is that it allows defendants who are incarcerated to attend court without the need for transportation or security arrangements. This can significantly reduce costs associated with transporting defendants to and from court, and can also eliminate potential security risks. Additionally, it can be beneficial to defendants themselves, as it eliminates the stress and discomfort of being transported to and from court, especially if they are facing a long period of incarceration. Another important benefit of Section 800(2.1) is that it can expedite court proceedings. In cases where a defendant is unable to attend court in person, adjournments may be required in order to accommodate their physical presence in court. By allowing them to participate via closed-circuit television or other means, court proceedings can proceed more quickly and efficiently, benefitting all parties involved. However, there are also potential drawbacks to this provision. For example, there is the potential for technical difficulties or glitches with the closed-circuit television equipment. In cases where the defendant's testimony is crucial to the outcome of the case, any communication breakdowns could significantly impact the administration of justice. It is therefore important that any technological solutions used for this purpose are reliable and secure. Another potential drawback of Section 800(2.1) is that it may limit a defendant's ability to fully participate in the court proceedings. While they are able to engage in simultaneous visual and oral communication with the court, they are not physically present in court, which may affect their ability to fully understand and engage with the proceedings. Additionally, they may not have the same access to their counsel that they would have if they were present in person. Despite these potential drawbacks, Section 800(2.1) of the Criminal Code of Canada provides a useful alternative means for defendants to attend court, particularly in cases where this may be difficult or impractical. By reducing the costs and logistical challenges associated with attending court in person, it can help to make the justice system more accessible and efficient for all parties involved. However, it is also important to recognize the limitations of this provision and ensure that defendants are still able to fully participate in the court proceedings, regardless of the means of attendance used.

STRATEGY

Section 800(2.1) of the Criminal Code of Canada provides a significant opportunity for defendants who are confined in prison to appear in court via closed-circuit television or any other means that allow the court and the defendant to engage in simultaneous communication. This provision can present several strategic considerations and opportunities for the parties involved in the case. One of the key strategic considerations is the potential impact of remote appearances on the perception of the defendant by the court and the jury. The use of closed-circuit television or other video communication technologies can create a disconnect between the defendant and the courtroom, making it harder for the defendant to establish a personal connection with the court and the jury. This potential disadvantage should be carefully weighed against the benefits of avoiding the logistical challenges of transporting defendants to and from the courtroom. Another strategic consideration is the possibility of using this provision to avoid confrontations between the defendant and witnesses. In some cases, having the defendant appear in the courtroom could lead to tensions or outbursts that may negatively affect the outcome of the trial. Allowing the defendant to appear remotely can help reduce these risks and create a more orderly proceeding. From a defense perspective, one strategy may be to use this provision to present a sympathetic image of the defendant by emphasizing their confinement in prison and the challenges that they are facing. This could potentially help mitigate some of the negative perceptions that jurors may have of incarcerated defendants. Additionally, having the defendant appear remotely can also provide an opportunity to avoid presenting the defendant in prison attire in front of the court and the jury, which could further add to negative impressions. Another strategy may be to use the provision to control the pace of the trial and to create more opportunities for the defendant to communicate privately with counsel. This can be important in cases where there is a significant amount of evidence to be presented or where the defendant's mental or emotional state may require more frequent check-ins with counsel. The prosecution may also have strategic considerations when dealing with this provision. For example, the prosecution may prefer to have the defendant appear in court to create a stronger connection between the defendant and the crime they are accused of committing. Additionally, having the defendant appear in court can also create a more compelling visual representation of the case for the jury. Overall, there are several strategic considerations that should be taken into account when dealing with Section 800(2.1) of the Criminal Code of Canada. While there are potential disadvantages to having a defendant appear remotely, this provision can also present valuable opportunities to control the pace of the trial, mitigate negative perceptions of the defendant, and avoid confrontations with witnesses. Ultimately, the decision of whether to use this provision should be made based on the specifics of the case and the potential benefits and risks of doing so.