Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

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  • (3) [Repealed, 2008, c. 18, s. 32]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.