Marginal note:Other laws about witnesses to apply
22.3 For greater certainty, when a witness gives evidence or a statement pursuant to an order made under section 22.2, the evidence or statement shall be given as though the witness were physically before the court or tribunal outside Canada, for the purposes of the laws relating to evidence and procedure but only to the extent that giving the evidence would not disclose information otherwise protected by the Canadian law of non-disclosure of information or privilege.
- 1999, c. 18, s. 113.
Marginal note:Contempt of court in Canada
22.4 When a witness gives evidence under section 22.2, the Canadian law relating to contempt of court applies with respect to a refusal by the person to answer a question or to produce a record or thing as ordered by the judge under that section.
- 1999, c. 18, s. 113.
Marginal note:Arrest warrant
23. (1) The judge who made the order under subsection 18(1) or section 22.2 or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath, that
(a) the person did not attend or remain in attendance as required by the order or is about to abscond;
(b) the order was personally served on the person; and
(c) in the case of an order made under subsection 18(1), the person is likely to give material evidence and, in the case of an order under section 22.2, the state or entity believes that the testimony of the person would be relevant to the prosecution of the offence.
Marginal note:Warrant effective throughout Canada
(2) A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer.
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.2, order that the person be detained in custody or released on recognizance, with or without sureties.
Marginal note:Copy of information
(4) A person who is arrested in execution of a warrant issued under subsection (1) is entitled to receive, on request, a copy of the information on which the warrant was issued.
- R.S., 1985, c. 30 (4th Supp.), s. 23;
- 1999, c. 18, s. 114.
Marginal note:Approval of request for examination of place or site
23.1 (1) When the Minister approves a request of a state or entity to examine a place or site in Canada regarding an offence, including by means of the exhumation and examination of a grave, the Minister shall provide a competent authority with any documents or information necessary to apply for an order.
Marginal note:Application for order
(2) The competent authority that is provided with the documents or information shall apply ex parte for an order for the examination of a place or site to a judge of the province in which the place or site is located.
Marginal note:Terms and conditions of order
(3) An order may include any terms or conditions that the judge considers desirable, including those relating to the time and manner of its execution, and a requirement for notice.
- 2000, c. 24, s. 69.
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