Hyperlawhypertext legal database Criminal Code

← Historical versions

Versions of s. 486.3(2)

C-46 — Criminal Code · 3 versions · View current text

Historical text comes from the Justice Laws point-in-time corpus and is unofficial — not the official version.

  1. 2026-07-18 to present available View Source
    In any proceedings against an accused in respect of an offence underthat anyis of sectionsa 264,sexual 271,nature 272or andcommitted 273,for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.
    Full text

    In any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  2. 2015-07-23 to 2026-07-18 View Source
    In any proceedings against an accused,accused in respect of an offence under any of sections 264, 271, 272 and 273, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused shall not personally cross-examine the witnesswitness, ifunless the judge or justice is of the opinion that, in order to obtain a full and candid account fromthat the witnessproper administration of thejustice acts complained of,requires the accused should notto personally cross-examineconduct the witness.cross-examination. TheIf such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination if the accused does not personally conduct the cross-examination.
    Full text

    In any proceedings against an accused in respect of an offence under any of sections 264, 271, 272 and 273, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  3. 2006-01-02 to 2015-07-23 View Source

    In any proceedings against an accused, on application of the prosecutor or a witness, the accused shall not personally cross-examine the witness if the judge or justice is of the opinion that, in order to obtain a full and candid account from the witness of the acts complained of, the accused should not personally cross-examine the witness. The judge or justice shall appoint counsel to conduct the cross-examination if the accused does not personally conduct the cross-examination.