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