Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-10-27 and last amended on 2014-09-19. Previous Versions

Marginal note:Considerations

 In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including

  • (a) whether the application is supported by new matters of significance that were not considered by the courts or previously considered by the Minister in an application in relation to the same conviction or finding under Part XXIV;

  • (b) the relevance and reliability of information that is presented in connection with the application; and

  • (c) the fact that an application under this Part is not intended to serve as a further appeal and any remedy available on such an application is an extraordinary remedy.

  • 2002, c. 13, s. 71.
Marginal note:Annual report

 The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part.

  • 2002, c. 13, s. 71.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part;

  • (b) prescribing the process of review in relation to applications under this Part, which may include the following stages, namely, preliminary assessment, investigation, reporting on investigation and decision; and

  • (c) respecting the form and content of the annual report under section 696.5.

  • 2002, c. 13, s. 71.

PART XXIIPROCURING ATTENDANCE

Application

Marginal note:Application

 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.

  • R.S., c. C-34, s. 625.

Process

Marginal note:Subpoena
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 698;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.