Modernizing Courts: Video Hearings and Telewarrants

Summary#

This federal bill updates Canada’s Criminal Code and the Identification of Criminals Act to modernize court processes, many introduced during COVID-19. It expands when people can appear by video or audio in criminal matters, allows electronic jury selection, streamlines “telewarrants” by phone or other telecom tools, and adds tools to complete fingerprinting when it was missed for exceptional reasons. It requires independent and parliamentary reviews of remote proceedings after the law takes effect.

• Allows accused, offenders, witnesses, and other participants to appear by audioconference or videoconference in many proceedings, with safeguards and consent rules (Criminal Code ss. 715.21, 715.231–715.241).
• Permits electronic or automated random selection of jurors; prospective jurors may take part in jury selection by videoconference in defined conditions (after s. 631; Prospective Jurors provisions).
• Replaces telewarrant rules to let many warrants, authorizations, and orders be applied for and issued by telecommunication, with record-keeping and limits (Criminal Code s. 487.1 as replaced; s. 184.3).
• Lets courts order attendance for fingerprinting at release and issue a summons later if prints were not completed for exceptional reasons; adds a failure-to-comply offence (Criminal Code ss. 485.2, 515.01, 145(2)(d); Identification of Criminals Act s. 2(1)).
• Expands court case-management rules so court staff can handle administrative matters out of court (Criminal Code s. 482.1(1)(b)).
• Requires independent reviews on remote proceedings within three years and a parliamentary review in the fifth year (Independent Review; Review of Act).

What it means for you#

• Households and service users

  • Less travel to court in many cases. Courts may allow appearances by video or audio for pleas, sentencing, some trials, and various hearings, often with consent (Criminal Code ss. 715.231–715.241).
  • If police seize property under a warrant, you must receive a copy of the warrant and a notice telling you which court holds the seizure report and where items are held (Form 5.1; Criminal Code “Duty of person executing certain warrants”).
  • Changes apply 30 days after Royal Assent. Most changes also apply to ongoing proceedings at that time (Coming into Force; Transitional Provisions).

• Accused and offenders

  • You may be allowed to appear by video or audio for pleas and sentencing with consent; audio is allowed only if video is not readily available and safeguards are met (Criminal Code ss. 715.234–715.236).
  • For trials:
    • Summary conviction: video allowed with consent; if in custody, your consent is required (s. 715.233).
    • Indictable: video allowed with consent, but not during jury evidence (s. 715.234).
  • If in custody and with access to legal advice, the court may require video appearance for parts of proceedings where no witness evidence is taken (s. 715.241).
  • Courts must ensure you understand the process and can speak privately with your lawyer if you appear remotely (ss. 715.24, 715.241).
  • Courts can order you to attend for fingerprinting at release (new Form 11.1); failing to comply without lawful excuse is a criminal offence (Criminal Code ss. 515.01, 145(2)(d)).
  • If prints were not completed earlier for exceptional reasons, a judge can later summon you to attend to complete them (Criminal Code s. 485.2; Forms 6.1, 6.2).

• Jurors and prospective jurors

  • Jurors may be selected using electronic or automated methods, as long as the random process is preserved (after Criminal Code s. 631).
  • Prospective jurors may be allowed or required to join jury selection by videoconference if the court finds it appropriate. If required, the court must approve and provide a suitable location with technology. If no location is provided, in‑person participation must be an option (Prospective Jurors provisions).

• Witnesses and other participants

  • Courts may allow non-accused “participants” to take part by audio or video where appropriate, considering fairness, location, and costs (Criminal Code s. 715.25).

• Police and prosecutors

  • Broader telewarrant powers: many warrants, production orders, and certain authorizations can be applied for and issued via telecommunication, including when writing is produced or, if impracticable, when it is not (Criminal Code s. 487.1; s. 184.3).
  • Cross‑Canada execution of certain wiretap authorizations is confirmed (Criminal Code s. 188.1).
  • Harmonized telewarrant processes extend to several federal regulatory statutes (e.g., Food and Drugs Act, Cannabis Act) (Related Amendments).
  • Clear duties to give warrant copies and standardized notices during searches; reporting and property handling rules are updated (Criminal Code ss. 487, 489.1; Forms 5.1, 5.2).

• Courts and court staff

  • Expanded authority to make case‑management rules so court personnel can deal with administrative matters out of court (Criminal Code s. 482.1(1)(b)).
  • Power to stop remote participation at any time and require in‑person attendance if needed; reasons must be recorded if remote requests are denied (Criminal Code “General” provisions; s. 715.22).
  • Independent and parliamentary reviews will evaluate access to justice, fairness, and participant rights in remote proceedings (Independent Review; Review of Act).

Expenses#

Estimated net cost: Data unavailable.

• The bill contains no direct appropriations or specified funding amounts (Bill text).
• Implementation may require technology, training, and facilities for courts and juror videoconferencing, but no official cost estimates are provided. Data unavailable.
• The independent review and parliamentary review impose administrative duties on the federal government; no dollar estimates are provided. Data unavailable.

Proponents' View#

• Remote options reduce travel time and costs for accused, witnesses, and participants, which can improve access to justice while preserving fairness through consent and court oversight (Criminal Code ss. 715.21, 715.231–715.241).
• Telewarrants speed urgent investigations by letting officers apply by telecom while maintaining safeguards like recording, written certification, and limits when non‑writing methods are used (Criminal Code s. 487.1; s. 184.3).
• Electronic jury selection and optional video participation for prospective jurors protect random selection and include conditions on privacy, suitable locations, and the accused’s right to a fair and public hearing (after s. 631; Prospective Jurors provisions).
• New fingerprinting tools help complete lawful identification where prints were missed for exceptional reasons, reducing delays and ensuring accurate records (Criminal Code ss. 485.2, 515.01; Identification of Criminals Act s. 2(1)).
• Independent and parliamentary reviews create accountability to assess whether remote proceedings support access to justice and fundamental principles (Independent Review; Review of Act).

Opponents' View#

• Digital divide risks: people with limited internet access or private space may face barriers, even with consent rules; courts must find remote appearances “appropriate,” but criteria may be applied unevenly (Criminal Code s. 715.23).
• Remote participation could affect credibility assessments, voluntariness of pleas, or open‑court values; audio‑only is permitted in limited cases, but visibility is reduced (Criminal Code ss. 715.235–715.236).
• Expanded telewarrant pathways may increase reliance on non‑in‑person applications; although safeguards exist, critics may worry about reduced judicial scrutiny under time pressure (Criminal Code s. 487.1; s. 184.3).
• Requiring or facilitating remote participation for prospective jurors raises privacy and security concerns; the bill lists factors but leaves practical enforcement to courts (Prospective Jurors provisions).
• New failure‑to‑comply liability tied to fingerprinting orders could increase administration‑of‑justice charges for missed appointments, even when caused by confusion or logistics, though “lawful excuse” still applies (Criminal Code ss. 515.01, 145(2)(d)).