Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. 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.