P-34.1 - Youth Protection Act

Section 74.0.1 Disposition versions

2017-10-05

74.0.1. For the purpose of hearing and ruling on an application made to it, the tribunal may, taking into account the technological environment in place to support the business of the tribunals, use any appropriate technological means available to both the parties and the tribunal.

However, in all proceedings, witnesses are examined at the hearing. The tribunal may, nevertheless, after consulting the parties, allow a witness to be examined at a distance if the tribunal is of the opinion, after taking into account such factors as the issues raised in the application, the nature and length of the testimony, the witness’s personal situation and ability to travel, and the costs that his presence would entail, that it is expedient to do so.

The technological means used to examine a witness at a distance must allow the witness to be identified, heard and seen live. If this is not possible, the tribunal may, after consulting the parties, allow a witness to be examined at a distance if the tribunal is of the opinion that it is necessary to do so due to the urgency of the situation or for exceptional reasons. In such a case, the technological means used must allow the witness to be identified and heard live.

This section also applies to clerks and justices of the peace in the exercise of their jurisdiction.

2006, c. 34, s. 42; 2017, c. 18, s. 50.

2007-07-09

74.0.1. The tribunal may use any technological means at its disposal to hear and decide applications filed under sections 11.1.1, 11.2.1, 36, 47, 72.5, 76.1 and 79.

For the purpose of granting the authorizations provided for in sections 25, 35.2 and 35.3, the justice of the peace may also use any technological means available. The declaration under oath required under those provisions may be made orally, by telephone or using another mode of telecommunication, and it is deemed to be made under oath.

2006, c. 34, s. 42.