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Décisions des tribunaux
C-25.01 - Code of Civil Procedure
FrançaisArticle 279
Versions de la disposition
279. In any defended proceeding, the witnesses are examined at the hearing, the other parties being present or having been duly called.
A party may request that witnesses testify without knowledge of the testimony given by other witnesses. However, barring exceptional circumstances, no such request may be made in the case of expert witnesses.
A witness who has been examined before the trial may be examined anew during the trial on a party’s request.
A witness, with the authorization of the court, or a party that has filed with the court office a certificate confirming that it has gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a victim of family, spousal or sexual violence on the part of a party or of another witness in the proceeding, may, at their choice, testify at a distance or by means of a device allowing them not to see that party or other witness. The witness or party may also be accompanied by someone they consider capable of providing assistance or reassurance. In addition, the witness or party may be accompanied by a dog specifically trained for assistance in court and by the dog’s handler, if applicable.
If it is necessary to examine a witness at a distance, the technological means used must allow the witness to be identified, heard and seen live. The court may however decide, after consulting the parties, to hear a witness without the witness being seen. The court may also order the witness to testify in person if it considers that testimony at a distance does not allow the court to assess the witness’s credibility.
279. In any defended proceeding, the witnesses are examined at the hearing, the other parties being present or having been duly called.
A party may request that witnesses testify without knowledge of the testimony given by other witnesses. However, barring exceptional circumstances, no such request may be made in the case of expert witnesses.
A witness who has been examined before the trial may be examined anew during the trial on a party’s request.
If it is necessary to examine a witness at a distance, the technological means used must allow the witness to be identified, heard and seen live. The court may however decide, after consulting the parties, to hear a witness without the witness being seen.
