Application
697 Except where section 527 applies, this Part applies where a person is required to attend to give evidence in a proceeding to which this Act applies.
Annotations
- Part XXII
698
Subpoena
698 (1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued in accordance with this Part requiring that person to attend to give evidence.
Warrant in Form 17
(2) Where it is made to appear that a person who is likely to give material evidence
(a) will not attend in response to a subpoena if a subpoena is issued, or
(b) is evading service of a subpoena,
a court, justice or provincial court judge having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 17 to cause that person to be arrested and to be brought to give evidence.
Subpoena issued first
(3) Except where paragraph (2)(a) applies, a warrant in Form 17 shall not be issued unless a subpoena has first been issued.
Annotations
- Part XXII
699
Who may issue
699 (1) If a person is required to attend to give evidence before a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX, a subpoena directed to that person shall be issued out of the court before which the attendance of that person is required.
Marginal note:Order of judge
(2) If a person is required to attend to give evidence before a provincial court judge acting under Part XIX or a summary conviction court under Part XXVII or in proceedings over which a justice has jurisdiction, a subpoena directed to the person shall be issued
(a) by a provincial court judge or a justice, where the person whose attendance is required is within the province in which the proceedings were instituted; or
(b) by a provincial court judge or out of a superior court of criminal jurisdiction of the province in which the proceedings were instituted, where the person whose attendance is required is not within the province.
Order of judge
(3) A subpoena shall not be issued out of a superior court of criminal jurisdiction pursuant to paragraph (2)(b), except pursuant to an order of a judge of the court made on application by a party to the proceedings.
Seal
(4) A subpoena or warrant that is issued by a court under this Part shall be under the seal of the court and shall be signed by a judge of the court or by the clerk of the court.
Signature
(5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part must be signed by the justice, provincial court judge or the clerk of the court.
Sexual offences
(5.1) Despite anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.1 to 278.91, must be issued by a judge and signed by the judge or the clerk of the court.
Form of subpoena
(6) Subject to subsection (7), a subpoena issued under this Part may be in Form 16.
Form of subpoena in sexual offences
(7) In the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring anything to the court shall be in Form 16.1.
Annotations
- Part XXII
700
Contents of subpoena
700 (1) A subpoena shall require the person to whom it is directed to attend, at a time and place to be stated in the subpoena, to give evidence and, if required, to bring with him anything that he has in his possession or under his control relating to the subject-matter of the proceedings.
Witness to appear and remain
(2) A person who is served with a subpoena issued under this Part shall attend and shall remain in attendance throughout the proceedings unless he is excused by the presiding judge, justice or provincial court judge.
Annotations
- Part XXII
700.1
Video links
700.1 (1) If a person is to give evidence under section 714.1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at that place.
Sections of Criminal Code
(2) Sections 699, 700 and 701 to 703.2 apply, with any modifications that the circumstances require, to a subpoena issued under this section.
Annotations
- Part XXII
701
Service
701 (1) Subject to subsection (2), a subpoena shall be served in a province by a peace officer or any other person who is qualified in that province to serve civil process, in accordance with subsection 509(2), with such modifications as the circumstances require.
Personal service
(2) A subpoena that is issued pursuant to paragraph 699(2)(b) shall be served personally on the person to whom it is directed.
(3) [Repealed, 2008, c. 18, s. 32]
Annotations
- Part XXII
701.1
Service in accordance with provincial laws
701.1 Despite section 701, in any province, service of a document may be made in accordance with the laws of the province relating to offences created by the laws of that province.
Annotations
- Part XXII
702
Subpoena effective throughout Canada
702 (1) A subpoena that is issued by a provincial court judge or out of a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction has effect anywhere in Canada according to its terms.
Subpoena effective throughout province
(2) A subpoena that is issued by a justice has effect anywhere in the province in which it is issued.
Annotations
- Part XXII
703
Warrant effective throughout Canada
703 (1) Notwithstanding any other provision of this Act, a warrant of arrest or committal that is issued out of a superior court of criminal jurisdiction, a court of appeal, an appeal court within the meaning of section 812 or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX may be executed anywhere in Canada.
Warrant effective in a province
(2) Despite any other provision of this Act but subject to subsections 487.0551(2) and 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.
Annotations
- Part XXII
703.1
Summons effective throughout Canada
703.1 A summons may be served anywhere in Canada and, if served, is effective notwithstanding the territorial jurisdiction of the authority that issued the summons.
Annotations
- Part XXII
703.2
Service of process on an organization
703.2 Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery
(a) in the case of a municipality, to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality; and
(b) in the case of any other organization, to the manager, secretary or other senior officer of the organization or one of its branches.
Annotations
- Part XXII
704
Warrant for absconding witness
704 (1) Where a person is bound by recognizance to give evidence in any proceedings, a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded may issue his warrant in Form 18 directing a peace officer to arrest that person and to bring him before the court, judge, justice or provincial court judge before whom he is bound to appear.
Endorsement of warrant
(2) Section 528 applies, with such modifications as the circumstances require, to a warrant issued under this section.
Copy of information
(3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.
Annotations
- Part XXII
705
Warrant if witness does not attend
705 (1) If a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may issue a warrant in Form 17 for the arrest of that person if it is established
(a) that the subpoena has been served in accordance with this Part, and
(b) that the person is likely to give material evidence.
Warrant if witness bound by recognizance
(2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.
Warrant effective throughout Canada
(3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) or (2) may be executed anywhere in Canada.
Annotations
- Part XXII
706
If witness arrested under warrant
706 If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties.
Annotations
- Part XXII
707
Maximum period for detention of witness
707 (1) No person shall be detained in custody under the authority of any provision of this Act, for the purpose only of appearing and giving evidence when required as a witness, for any period exceeding thirty days unless prior to the expiration of those thirty days he has been brought before a judge of a superior court of criminal jurisdiction in the province in which he is being detained.
Application by witness to judge
(2) Where at any time prior to the expiration of the thirty days referred to in subsection (1), a witness being detained in custody as described in that subsection applies to be brought before a judge of a court described therein, the judge before whom the application is brought shall fix a time prior to the expiration of those thirty days for the hearing of the application and shall cause notice of the time so fixed to be given to the witness, the person having custody of the witness and such other persons as the judge may specify, and at the time so fixed for the hearing of the application the person having custody of the witness shall cause the witness to be brought before a judge of the court for that purpose.
Review of detention
(3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, the judge shall order them to be discharged or to be released on recognizance, with or without sureties, so that the witness will appear and give evidence when required. However, if the judge is satisfied that the continued detention of the witness is justified, the judge may order their continued detention until they do what is required of them under section 550 or the trial is concluded, or until they appear and give evidence when required, except that the total period of detention of the witness from the time they were first detained in custody shall not in any case exceed 90 days.
Annotations
- Part XXII
708
Contempt
708 (1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.
Punishment
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to his detention, if any.
Form
(3) A conviction under this section may be in Form 38 and a warrant of committal in respect of a conviction under this section may be in Form 25.
Annotations
- Part XXII
708.1
Electronically transmitted copies
708.1 A copy of a summons, warrant or subpoena transmitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Act.
Annotations
- Part XXII
709
Order appointing commissioner
709 (1) A party to proceedings by way of indictment or summary conviction may apply for an order appointing a commissioner to take the evidence of a witness who
(a) is, by reason of
(i) physical disability arising out of illness, or
(ii) any other good and sufficient cause,
not likely to be able to attend at the time the trial is held; or
(b) is out of Canada.
Idem
(2) A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.
Annotations
- Part XXII
710
Application where witness is ill
710 (1) An application under paragraph 709(1)(a) shall be made
(a) to a judge of a superior court of the province in which the proceedings are taken;
(b) to a judge of a county or district court in the territorial division in which the proceedings are taken; or
(c) to a provincial court judge, where
(i) at the time the application is made, the accused is before a provincial court judge presiding over a preliminary inquiry under Part XVIII, or
(ii) the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII.
Evidence of medical practitioner
(2) An application under subparagraph 709(1)(a)(i) may be granted on the evidence of a registered medical practitioner.
Annotations
- Part XXII
711
Admitting evidence of witness who is ill
711 Where the evidence of a witness mentioned in paragraph 709(1)(a) is taken by a commissioner appointed under section 710, it may be admitted in evidence in the proceedings if
(a) it is proved by oral evidence or by affidavit that the witness is unable to attend by reason of death or physical disability arising out of illness or some other good and sufficient cause;
(b) the transcript of the evidence is signed by the commissioner by or before whom it purports to have been taken; and
(c) it is proved to the satisfaction of the court that reasonable notice of the time for taking the evidence was given to the other party, and that the accused or his counsel, or the prosecutor or his counsel, as the case may be, had or might have had full opportunity to cross-examine the witness.
Annotations
- Part XXII