Acts and Regulations

R-4.5 - Recording of Evidence Act

Section 14
Disposition versions

Full text
Application re copy of recording
14(1)Any person may apply to a judge of the court in which a recording was made for an order permitting the provision of a copy of the recording to the person if an officer referred to in section 10 continues to have custody of the recording.
14(2)The judge hearing the application may make the order if the judge is satisfied that
(a) provision of the copy of the recording to the applicant is not prohibited under any Act of the Legislature or of the Parliament of Canada or under an order made under any such Act, and
(b) provision of the copy of the recording to the applicant would not be prejudicial to the interests of justice.
14(3)An order shall be in writing and may include any terms or conditions that the judge considers appropriate, including, without limitation, a term or condition prohibiting the broadcasting of the copy of the recording.
14(4)If an order is made under subsection (2), the officer having custody of the recording to which the order relates shall, as soon as practicable after the applicant pays the fee prescribed by regulation, provide the applicant with a copy of the recording.
14(5)For the purposes of enforcing an order made by a judge of the Provincial Court under this section,
(a) a judge of the Provincial Court has the same powers for the punishment of contempt of court as are possessed by The Court of King’s Bench of New Brunswick, and
(b) any order or other process issued by a judge of the Provincial Court in the exercise of the powers conferred under paragraph (a) has the same force and effect as though issued out of The Court of King’s Bench of New Brunswick.
14(6)The Rules of Court relating to contempt of court apply with the necessary modifications for the purposes of subsection (5).
2023, c.17, s.235
Application re copy of recording
14(1)Any person may apply to a judge of the court in which a recording was made for an order permitting the provision of a copy of the recording to the person if an officer referred to in section 10 continues to have custody of the recording.
14(2)The judge hearing the application may make the order if the judge is satisfied that
(a) provision of the copy of the recording to the applicant is not prohibited under any Act of the Legislature or of the Parliament of Canada or under an order made under any such Act, and
(b) provision of the copy of the recording to the applicant would not be prejudicial to the interests of justice.
14(3)An order shall be in writing and may include any terms or conditions that the judge considers appropriate, including, without limitation, a term or condition prohibiting the broadcasting of the copy of the recording.
14(4)If an order is made under subsection (2), the officer having custody of the recording to which the order relates shall, as soon as practicable after the applicant pays the fee prescribed by regulation, provide the applicant with a copy of the recording.
14(5)For the purposes of enforcing an order made by a judge of the Provincial Court under this section,
(a) a judge of the Provincial Court has the same powers for the punishment of contempt of court as are possessed by The Court of Queen’s Bench of New Brunswick, and
(b) any order or other process issued by a judge of the Provincial Court in the exercise of the powers conferred under paragraph (a) has the same force and effect as though issued out of The Court of Queen’s Bench of New Brunswick.
14(6)The Rules of Court relating to contempt of court apply with the necessary modifications for the purposes of subsection (5).
Application re copy of recording
14(1)Any person may apply to a judge of the court in which a recording was made for an order permitting the provision of a copy of the recording to the person if an officer referred to in section 10 continues to have custody of the recording.
14(2)The judge hearing the application may make the order if the judge is satisfied that
(a) provision of the copy of the recording to the applicant is not prohibited under any Act of the Legislature or of the Parliament of Canada or under an order made under any such Act, and
(b) provision of the copy of the recording to the applicant would not be prejudicial to the interests of justice.
14(3)An order shall be in writing and may include any terms or conditions that the judge considers appropriate, including, without limitation, a term or condition prohibiting the broadcasting of the copy of the recording.
14(4)If an order is made under subsection (2), the officer having custody of the recording to which the order relates shall, as soon as practicable after the applicant pays the fee prescribed by regulation, provide the applicant with a copy of the recording.
14(5)For the purposes of enforcing an order made by a judge of the Provincial Court under this section,
(a) a judge of the Provincial Court has the same powers for the punishment of contempt of court as are possessed by The Court of Queen’s Bench of New Brunswick, and
(b) any order or other process issued by a judge of the Provincial Court in the exercise of the powers conferred under paragraph (a) has the same force and effect as though issued out of The Court of Queen’s Bench of New Brunswick.
14(6)The Rules of Court relating to contempt of court apply with the necessary modifications for the purposes of subsection (5).