Technical Briefing Deck

Purpose and Objective

To support the safe, efficient and effective operation of criminal proceedings, with a view to addressing the challenges faced by the criminal courts, which were caused or exacerbated by the COVID-19 pandemic, and further modernize our criminal justice system.

Many courts remain unable to operate at their pre-pandemic capacity, resulting in delays and a growing backlog of cases.
The Charter guarantees accused persons the right to be tried within a reasonable time.
In-person proceedings and applications are the norm in criminal courts.
Although the Criminal Code allows for some remote appearances (by videoconference or audioconference) and permits some warrants to be requested by telecommunications, the COVID-19 pandemic has revealed a need for further legislative clarification and expansion.
Provincial and territorial Ministers of Justice, judges and stakeholders continue to call for legislative changes to help make criminal trials and processes more efficient during the pandemic and moving forward.

Clarifying and expanding remote appearances (by videoconference and audioconference);
Expanding and updating the telewarrant regime;
Enhancing the use of technology in the jury selection process;
Allowing courts to make judicial case management rules to permit court officials to deal with administrative matters relating to out of court proceedings even if the accused person is unrepresented;
Providing flexibility in the process for taking fingerprints.

No explicit authority for accused persons to appear by video in a preliminary inquiry (PI) or trial when evidence is taken;
No explicit authority for accused persons to appear by audio for pleas and sentencing;
Prospective jurors must participate in person for jury selection process.

Clarify that accused persons can appear by video in PI and trial on consent, including when evidence is taken, except in jury trials;
Clarify that accused persons can appear by audio for pleas and sentencing on consent when video not available;
Permit prospective jurors to participate by video during jury selection process with consent of both parties and appropriate safeguards.

Telewarrant remote application process only available for certain warrants in the Criminal Code and other federal statutes;
Must demonstrate why it is “impracticable to appear personally”;
Only available to peace officers;
Only available for indictable offences.

New “by means of telecommunication” application process for a wide variety of search warrants, and other orders and authorizations;
Removal of the “impracticable to appear personally” requirement for written applications;
Available also to other state applicants, such as public officers;
No longer limited to indictable offences.

Prospective jurors’ names must be drawn manually in the jury selection process;
Court rules can permit court officials to deal with administrative matters out of court if the accused is represented;
Unable to order accused to return for fingerprints if there is an impediment to taking them.

Allow for the use of technology for the random drawing of names in the jury selection process;
Allow courts to make rules permitting court officials to deal with administrative matters out of court for unrepresented accused as well;
Allow courts to order that fingerprints be taken at a later stage, including where previous attempts were not possible for exceptional reasons.

A number of minor technical changes, many of which were identified during the implementation of former Bill C‑75 (criminal justice system delays, 2019);
These minor amendments have been included in this package which addresses similar provisions in the Criminal Code.