Conditions of exclusion

A witness can only testify outside the court with closed-circuit television and the accused can communicate with counsel while watching.

Section 486.2(7) of the Criminal Code of Canada outlines the restrictions on a witness testifying outside of the courtroom. Subsections (1), (2), (4), and (6) refer to situations where a witness may be allowed to testify outside the courtroom, such as for the protection of the witness, a child witness, or a person with a disability. However, in such circumstances, the section states that arrangements must be made for the accused, judge or justice, and jury to watch the testimony of the witness by means of closed-circuit television or otherwise. This is to ensure that the accused has a fair trial and is able to observe the demeanour and behaviour of the witness. Furthermore, the accused must also be allowed to communicate with their counsel while watching the testimony. This is to enable the accused to receive legal advice and adequately prepare for cross-examination. Overall, section 486.2(7) aims to balance the protection of vulnerable witnesses with the rights of the accused to a fair trial. It ensures that the accused can observe and question witnesses in a manner that does not compromise their ability to defend themselves.

Section 486.2(7) of the Criminal Code of Canada is an important provision that sets out the requirements for witnesses who testify outside the court room using closed-circuit television or other means. This provision is intended to protect the rights of the accused, ensure a fair trial process, and enhance the efficiency of the trial proceedings. The use of closed-circuit television is an important trial strategy for many reasons. It can be used to protect vulnerable witnesses such as victims of sexual assault or domestic violence who may fear reprisals or intimidation if they testify in person. It can also be used to facilitate the participation of witnesses who live far away or have mobility or health issues that prevent them from appearing in court, making the process more efficient and effective. However, using closed-circuit television for witness testimony outside the court room raises some concerns, particularly around the rights of the accused. The provision in Section 486.2(7) addresses these concerns by setting out clear rules for how such testimony is to be conducted. The provision requires that arrangements be made for the accused, the judge or justice, and the jury to watch the testimony of the witness. This ensures that all parties have access to the same evidence and are able to evaluate the witness's testimony in the same manner. It also helps to ensure that the proceedings are transparent and fair, as the accused has the opportunity to observe the witness and respond appropriately. Another important aspect of this provision is that the accused is permitted to communicate with counsel while watching the testimony. This allows the accused to receive advice and support from their legal counsel, which is important for ensuring that their rights are protected and that they are able to prepare an effective defence. Overall, Section 486.2(7) is an essential component of the Canadian criminal justice system as it ensures that witnesses can testify without fear, while also ensuring that the rights of the accused are protected. This provision helps to maintain the integrity of the trial process and promote public confidence in the justice system.

Section 486.2(7) of the Criminal Code of Canada is an essential aspect of criminal trials in Canada. This section concerns the use of closed-circuit televising in criminal trials. With this provision, no witness shall testify outside the courtroom without making arrangements for the accused, the judge or justice, and the jury to watch the testimony of the witness through closed-circuit television or its equivalent. More importantly, the court ensures that the accused is permitted to communicate with counsel while watching the testimony. Strategic considerations when dealing with this section of the Criminal Code of Canada are crucial to ensure the best possible outcome for the defendants in criminal cases. Some of the strategic considerations include: 1. Preparation: The fundamental consideration when dealing with this section is to prepare accordingly. The defendant, judge, and jury should be prepared to watch and receive testimony by closed-circuit television means. Counsel should prepare for the use of technological means to enhance their chances of winning the trial. 2. Managing Uncertainties: There are many uncertainties in closed-circuit televising, such as poor connection quality, transmission disruptions, and equipment failure, which must be managed strategically. The defendant's legal counsel should have alternate means of obtaining the substantive evidence needed if there was any equipment failure or technical glitch. 3. Maintaining Confidentiality: It is essential to maintain confidentiality during the trial, especially when dealing with sensitive cases such as sexual assault or child abuse. Legal counsel must ensure that the defendant is aware of all the possible risks involved with closed-circuit televising. 4. Jury Bias: Another strategic consideration is the Jury's behavior when watching closed-circuit televising testimony. The more jurors' emotional distance from the case, the higher the chances are for the defense to obtain a favorable verdict. Therefore, legal strategists should ensure that jurors remain impartial throughout the trial. Strategies that could be employed to ensure success in criminal cases with this section include: 1. Acquiring Professional Legal Counsel: One of the most effective strategies is to get the best legal representation. A professional and experienced lawyer can prepare creative legal strategies that could lead to a favorable outcome for their client. 2. Conducting a Thorough Investigation: A thorough investigation is a strategic approach that should not be overlooked. Investigating and establishing the facts is essential to the development of a targeted legal strategy and determining what avenues are available. 3. Building a Persuasive Expert Testimony: Expert testimony can be highly influential in criminal trials. Legal counsel should acquire the testimony of credible, knowledgeable, and respected experts to support their clients' case. 4. Selecting an Appropriate Jury: Choosing the right jury is another vital strategy. The legal counsel should select jurors with unbiased opinions and make sure that they understand the essential legal aspects surrounding the use of closed-circuit televising. In conclusion, strategic considerations play a significant role in criminal cases where closed-circuit televising is involved. Preparation, managing uncertainties, maintaining confidentiality, and avoiding jury bias are vital components towards success when dealing with this section. Employing strategies such as acquiring professional legal counsel, conducting thorough investigations, building persuasive expert testimony, and selecting a suitable jury can ensure victory in criminal cases.