Acts and Regulations

Rule-4.1 - TELEPHONE AND VIDEO CONFERENCES

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Current to 1 January 2024
PRELIMINARY MATTERS
RULE 4.1
TELEPHONE AND VIDEO CONFERENCES
4.1.01Definitions
In this rule,
communication equipment means
(a) a telephone or other communication facility that permits the participants in a proceeding or step in a proceeding, present in person or via the facility, to hear and speak to each other, or
(b) a video conference or other communication facility that permits the participants in a proceeding or step in a proceeding, present in person or via the facility, to see, hear and speak to each other;
decision-maker means
(a) a judge of the Court of King’s Bench or of the Court of Appeal,
(b) a panel of judges,
(c) a Case Management Master as defined in Rule 81.04,
(d) the Registrar, or
(e) the clerk of the judicial district in which the proceeding is heard or conducted or his or her designate;
participant means
(a) the decision-maker,
(b) a party to a proceeding,
(c) a solicitor representing a party to a proceeding, and
(d) a witness.
2022-86
4.1.02Order for use of communication equipment
(1)On motion or on the decision-maker’s own initiative, and where just and convenient, an order may be made directing that all or part of a proceeding or step in a proceeding be heard or conducted by communication equipment.
(2)An order made under paragraph (1) may provide that all or part of the proceeding or step in the proceeding be heard or conducted in the absence of the public.
(3)The decision-maker may set aside or vary an order made under paragraph (1).
(4)Where the decision-maker permits or directs the use of communication equipment at all or part of a proceeding or step in a proceeding, the order may require a party to
(a) make the necessary arrangements,
(b) give appropriate notice of those arrangements to the other parties, and
(c) provide for the payment of any associated costs.
4.1.03Order for personal appearance
If, at any time during a proceeding or a step in a proceeding heard or conducted by communication equipment, the decision-maker determines that the personal appearance of any person, including a witness, is necessary, the decision-maker may make any suitable order, including an order for personal appearance.
4.1.04Evidence given by means of communication equipment
(1)Evidence by means of communication equipment shall be given
(a) under oath or affirmation in accordance with Canadian law;
(b) under oath or affirmation in accordance with the law in the place in which the witness is physically present; or
(c) in any other manner that demonstrates that the witness understands that he or she must tell the truth.
(2)When a witness who is outside Canada gives evidence by means of communication equipment, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of laws relating to evidence, procedure, perjury and contempt of court.
4.1.05Recording of proceedings heard or conducted by means of communication equipment
All proceedings heard or conducted by means of communication equipment shall be recorded to the same extent and in the same manner as if the participants had appeared in person.
Rule 4.1: 2018-77