INTRODUCTION AND BRIEF DESCRIPTION
The accused may be allowed to appear at a hearing through closed-circuit television or other means with simultaneous visual and oral communication.
SECTION WORDING
672.5(13) Where the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or any other means that allow the court or Review Board and the accused to engage in simultaneous visual and oral communication, for any part of the hearing.
EXPLANATION
Section 672.5(13) of the Criminal Code of Canada is a provision that allows an accused person to appear before a court or Review Board for any part of their hearing through closed-circuit television or any other means that permit simultaneous visual and oral communication. This section is significant in the context of the Criminal Code of Canada as it recognizes the rights of the accused to have a fair hearing, while also taking into consideration the practical challenges that may arise during the hearing process. For example, an accused person may be unable to attend the hearing in person due to health reasons, distance, or other circumstances. By allowing the option of appearing through closed-circuit television or other means, the court or Review Board can accommodate these factors, while still providing the accused with an opportunity to fully participate in the hearing. This not only enhances the fairness of the hearing, but it also promotes efficiency and effectiveness in the justice system by reducing delays and costs associated with transportation and accommodation for the accused. Overall, section 672.5(13) of the Criminal Code of Canada provides a vital tool for ensuring that all accused persons have access to fair and impartial justice, regardless of their circumstances or physical limitations. It is an important provision that demonstrates Canada's commitment to ensuring that all individuals are treated equally and with dignity and respect under the law.
COMMENTARY
Section 672.5(13) of the Criminal Code of Canada is a provision that allows an accused person to appear before a court or Review Board by closed-circuit television or any other means that enable simultaneous visual and oral communication. This provision aims to accommodate an accused person who cannot attend the hearing in person by providing alternative means of appearing. The importance of this provision is that it ensures that an accused person is not unfairly prejudiced by their inability to be physically present in court or at a Review Board hearing. This is particularly relevant in cases where the accused is in custody or is located in a remote location, making it difficult or impossible for them to appear in person. By allowing an accused person to appear by closed-circuit television or other means, the court or Review Board can ensure that the accused has an opportunity to participate fully in the proceedings, including the ability to see and hear the evidence presented against them, to ask questions, and to make submissions. Furthermore, this provision promotes the dignity, safety, and security of the accused person, particularly in cases where the accused may be vulnerable or at risk of harm. It can also mitigate the costs and logistical challenges associated with transporting an accused person to and from the hearing venue. However, it is important to note that the use of closed-circuit television or other means of appearance must be with the consent of the accused person. The court or Review Board cannot compel an accused person to appear by these means without their agreement. Moreover, in deciding whether to allow an accused person to appear by closed-circuit television or other means, the court or Review Board must consider various factors, including the nature and seriousness of the offence, the extent to which the accused's ability to participate in the hearing would be impaired by their physical absence, and any potential prejudice to the administration of justice or the rights of the accused. In summary, section 672.5(13) of the Criminal Code of Canada is a provision that facilitates access to justice for an accused person who cannot attend the hearing in person. By allowing an accused person to appear by closed-circuit television or other means, this provision promotes fairness, dignity, and safety for the accused, while also accommodating practical challenges associated with in-person appearances. While this provision is subject to various limitations and conditions, it represents an important component of the Canadian justice system's commitment to ensuring that all individuals have access to a fair and impartial hearing.
STRATEGY
Section 672.5(13) of the Criminal Code of Canada provides an opportunity for accused persons to appear in court through closed-circuit television or any other means that allow the court or Review Board and the accused to engage in simultaneous visual and oral communication. This provision has important strategic considerations that both an accused person and their legal team should consider when deciding whether to request an appearance by closed-circuit television. One of the primary reasons that an accused person might request an appearance by closed-circuit television is to avoid the need to physically appear in court. This may be desirable for a variety of reasons, such as avoiding the potential for further criminal charges, minimizing the disruption to the accused's life, or reducing the risk of harassment or violence from other individuals. However, opting for an appearance by closed-circuit television may also have drawbacks. For example, the accused may not be able to communicate as effectively with their legal team and may miss important details or cues from the proceedings. Additionally, appearing remotely may limit the accused's ability to make a positive impression on the judge or Review Board, potentially reducing their chances of a favorable outcome. Some strategies that an accused and their legal team could employ when deciding whether to request an appearance by closed-circuit television include: 1. Assessing the potential benefits and drawbacks: Before making a decision, the accused and their legal team should carefully consider the potential benefits and drawbacks of an appearance by closed-circuit television. They should weigh the potential advantages, such as reduced risk of physical harm, against the potential disadvantages, such as reduced communication with legal counsel. 2. Seeking input from a trusted advisor: The accused may wish to seek input from a trusted advisor, such as a family member or mentor, to help assess the situation and make a decision. This person can provide an outside perspective and help the accused weigh their options. 3. Discussing the decision with legal counsel: The accused should discuss the decision with their legal counsel to get their professional opinion on whether an appearance by closed-circuit television is likely to be beneficial or detrimental to the case. 4. Ensuring technical capabilities: If the accused and legal team opt for an appearance by closed-circuit television, they should take steps to ensure that the technology used is adequate and reliable. This may include conducting trials runs of the equipment to ensure everything is working properly. 5. Preparing thoroughly: Whether the accused appears in person or by closed-circuit television, it is essential to prepare thoroughly for the hearing. This includes gathering all the necessary evidence, conducting mock interviews with the legal team, and reviewing the procedures and potential questions that may arise during the hearing. In conclusion, Section 672.5(13) of the Criminal Code of Canada provides both advantages and disadvantages to an accused when determining whether to appear in court through closed-circuit television. The main strategic considerations include assessing the potential benefits and drawbacks, seeking input from a trusted advisor, discussing the decision with legal counsel, ensuring technical capabilities, and preparing thoroughly. By incorporating these strategies, accused persons and their legal teams can make an informed decision that helps to achieve the most favorable outcome possible.