Criminal Code

Marginal note:Taking evidence

• 540 (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall

  • (a) take the evidence under oath, in the presence of the accused, of the witnesses called on the part of the prosecution and allow the accused or his counsel to cross-examine them; and

  • (b) cause a record of the evidence of each witness to be taken

    • (i) in legible writing in the form of a deposition, in Form 31, or by a stenographer appointed by him or pursuant to law, or

    • (ii) in a province where a sound recording apparatus is authorized by or under provincial legislation for use in civil cases, by the type of apparatus so authorized and in accordance with the requirements of the provincial legislation.

• Marginal note:Reading and signing depositions

  (2) Where a deposition is taken down in writing, the justice shall, in the presence of the accused, before asking the accused if he wishes to call witnesses,

  • (a) cause the deposition to be read to the witness;

  • (b) cause the deposition to be signed by the witness; and

  • (c) sign the deposition himself.

• Marginal note:Authentication by justice

  (3) Where depositions are taken down in writing, the justice may sign

  • (a) at the end of each deposition; or

  • (b) at the end of several or of all the depositions in a manner that will indicate that his signature is intended to authenticate each deposition.

• Marginal note:Stenographer to be sworn

  (4) Where the stenographer appointed to take down the evidence is not a duly sworn court stenographer, he shall make oath that he will truly and faithfully report the evidence.

• Marginal note:Authentication of transcript

  (5) Where the evidence is taken down by a stenographer appointed by the justice or pursuant to law, it need not be read to or signed by the witnesses, but, on request of the justice or of one of the parties, shall be transcribed, in whole or in part, by the stenographer and the transcript shall be accompanied by

  • (a) an affidavit of the stenographer that it is a true report of the evidence; or

  • (b) a certificate that it is a true report of the evidence if the stenographer is a duly sworn court stenographer.

• Marginal note:Transcription of record taken by sound recording apparatus

  (6) Where, in accordance with this Act, a record is taken in any proceedings under this Act by a sound recording apparatus, the record so taken shall, on request of the justice or of one of the parties, be dealt with and transcribed, in whole or in part, and the transcription certified and used in accordance with the provincial legislation, with such modifications as the circumstances require mentioned in subsection (1).