Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Witness refusing to be examined

• 545 (1) Where a person, being present at a preliminary inquiry and being required by the justice to give evidence,

  • (a) refuses to be sworn,

  • (b) having been sworn, refuses to answer the questions that are put to him,

  • (c) fails to produce any writings that he is required to produce, or

  • (d) refuses to sign his deposition,

  without offering a reasonable excuse for his failure or refusal, the justice may adjourn the inquiry and may, by warrant in Form 20, commit the person to prison for a period not exceeding eight clear days or for the period during which the inquiry is adjourned, whichever is the lesser period.

• Marginal note:Further commitment

  (2) Where a person to whom subsection (1) applies is brought before the justice on the resumption of the adjourned inquiry and again refuses to do what is required of him, the justice may again adjourn the inquiry for a period not exceeding eight clear days and commit him to prison for the period of adjournment or any part thereof, and may adjourn the inquiry and commit the person to prison from time to time until the person consents to do what is required of him.

• Marginal note:Saving

  (3) Nothing in this section shall be deemed to prevent the justice from sending the case for trial on any other sufficient evidence taken by him.