Electronically Transmitted Copies
Marginal note:Electronically transmitted copies
708.1 A copy of a summons, warrant or subpoena transmitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Act.
- 1997, c. 18, s. 101.
Evidence on Commission
Marginal note:Order appointing commissioner
709. (1) A party to proceedings by way of indictment or summary conviction may apply for an order appointing a commissioner to take the evidence of a witness who
(a) is, by reason of
(i) physical disability arising out of illness, or
(ii) any other good and sufficient cause,
not likely to be able to attend at the time the trial is held; or
(b) is out of Canada.
(2) A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.
- R.S., 1985, c. C-46, s. 709;
- R.S., 1985, c. 27 (1st Supp.), s. 150;
- 1994, c. 44, s. 72.
Marginal note: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.
Marginal note:Evidence of medical practitioner
(2) An application under subparagraph 709(1)(a)(i) may be granted on the evidence of a registered medical practitioner.
- R.S., 1985, c. C-46, s. 710;
- R.S., 1985, c. 27 (1st Supp.), s. 151;
- 1994, c. 44, s. 73.
Marginal note:Admitting evidence of witness who is ill
711. Where the evidence of a witness mentioned in paragraph 709(1)(a) is taken by a commissioner appointed under section 710, it may be admitted in evidence in the proceedings if
(a) it is proved by oral evidence or by affidavit that the witness is unable to attend by reason of death or physical disability arising out of illness or some other good and sufficient cause;
(b) the transcript of the evidence is signed by the commissioner by or before whom it purports to have been taken; and
(c) it is proved to the satisfaction of the court that reasonable notice of the time for taking the evidence was given to the other party, and that the accused or his counsel, or the prosecutor or his counsel, as the case may be, had or might have had full opportunity to cross-examine the witness.
- R.S., 1985, c. C-46, s. 711;
- R.S., 1985, c. 27 (1st Supp.), s. 152;
- 1994, c. 44, s. 74;
- 1997, c. 18, s. 102.
- Date modified: