Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Marginal note:Application for order when witness out of Canada
  •  (1) An application that is made under paragraph 709(1)(b) shall be made

    • (a) to a judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction before which the accused is to be tried; or

    • (b) to a provincial court judge, where the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII.

  • Marginal note:Admitting evidence of witness out of Canada

    (2) Where the evidence of a witness is taken by a commissioner appointed under this section, it may be admitted in evidence in the proceedings.

  • (3) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 153]

  • R.S., 1985, c. C-46, s. 712;
  • R.S., 1985, c. 27 (1st Supp.), s. 153;
  • 1994, c. 44, s. 75;
  • 1997, c. 18, s. 103.
Marginal note:Providing for presence of accused counsel
  •  (1) A judge or provincial court judge who appoints a commissioner may make provision in the order to enable an accused to be present or represented by counsel when the evidence is taken, but failure of the accused to be present or to be represented by counsel in accordance with the order does not prevent the admission of the evidence in the proceedings if the evidence has otherwise been taken in accordance with the order and with this Part.

  • Marginal note:Return of evidence

    (2) An order for the taking of evidence by commission shall indicate the officer of the court to whom the evidence that is taken under the order shall be returned.

  • R.S., 1985, c. C-46, s. 713;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1997, c. 18, s. 104.
Marginal note:Evidence not excluded

 Evidence taken by a commissioner appointed under section 712 shall not be excluded by reason only that it would have been taken differently in Canada, provided that the process used to take the evidence is consistent with the law of the country where it was taken and that the process used to take the evidence was not contrary to the principles of fundamental justice.

  • 1994, c. 44, s. 76.
Marginal note:Rules and practice same as in civil cases

 Except where otherwise provided by this Part or by rules of court, the practice and procedure in connection with the appointment of commissioners under this Part, the taking of evidence by commissioners, the certifying and return thereof and the use of the evidence in the proceedings shall, as far as possible, be the same as those that govern like matters in civil proceedings in the superior court of the province in which the proceedings are taken.

  • R.S., c. C-34, s. 642.

Video and Audio Evidence

Marginal note:Video links, etc. — witness in Canada

 A court may order that a witness in Canada give evidence by means of technology that permits the witness to testify elsewhere in Canada in the virtual presence of the parties and the court, if the court is of the opinion that it would be appropriate in all the circumstances, including

  • (a) the location and personal circumstances of the witness;

  • (b) the costs that would be incurred if the witness had to be physically present; and

  • (c) the nature of the witness’ anticipated evidence.

  • 1999, c. 18, s. 95.