Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Who may issue
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Signature

    (5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part shall be signed by the justice or provincial court judge.

  • Marginal note:Sexual offences

    (5.1) Notwithstanding 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 and signed by a judge.

  • Marginal note:Form of subpoena

    (6) Subject to subsection (7), a subpoena issued under this Part may be in Form 16.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 699;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1994, c. 44, s. 69;
  • 1997, c. 30, s. 2;
  • 1999, c. 5, s. 28.
Marginal note:Contents of subpoena
  •  (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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 700;
  • R.S., 1985, c. 27 (1st Supp.), ss. 148, 203.
Marginal note:Video links, etc.
  •  (1) If a person is to give evidence under section 714.1 or 714.3 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement pursuant to 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 such a place.

  • Marginal note: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.

  • 1999, c. 18, s. 94.

Execution or Service of Process

Marginal note:Service
  •  (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.

  • Marginal note: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]

  • R.S., 1985, c. C-46, s. 701;
  • 1994, c. 44, s. 70;
  • 2008, c. 18, s. 32.
Marginal note:Service in accordance with provincial laws

 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.

  • 1997, c. 18, s. 100;
  • 2008, c. 18, s. 33.
Marginal note:Subpoena effective throughout Canada
  •  (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.

  • Marginal note:Subpoena effective throughout province

    (2) A subpoena that is issued by a justice has effect anywhere in the province in which it is issued.

  • R.S., 1985, c. C-46, s. 702;
  • 1994, c. 44, s. 71.
Marginal note:Warrant effective throughout Canada
  •  (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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 703;
  • R.S., 1985, c. 27 (1st Supp.), s. 149;
  • 2007, c. 22, s. 22.
Marginal note:Summons effective throughout Canada

 A summons may be served anywhere in Canada and, if served, is effective notwithstanding the territorial jurisdiction of the authority that issued the summons.

  • R.S., 1985, c. 27 (1st Supp.), s. 149.
Marginal note:Service of process on an organization

 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.

  • R.S., 1985, c. 27 (1st Supp.), s. 149;
  • 2003, c. 21, s. 13.

Defaulting or Absconding Witness

Marginal note:Warrant for absconding witness
  •  (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.

  • Marginal note:Endorsement of warrant

    (2) Section 528 applies, with such modifications as the circumstances require, to a warrant issued under this section.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 704;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
Marginal note:Warrant when witness does not attend
  •  (1) Where 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, 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,

    issue or cause to be issued a warrant in Form 17 for the arrest of that person.

  • Marginal note:Warrant where witness bound by recognizance

    (2) Where 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 or cause to be issued a warrant in Form 17 for the arrest of that person.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 705;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
 
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