Criminal Code (R.S.C., 1985, c. C-46)

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.

• Marginal note:Idem

  (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.