Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Subpoena

• 698 (1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued in accordance with this Part requiring that person to attend to give evidence.

• Marginal note:Warrant in Form 17

  (2) Where it is made to appear that a person who is likely to give material evidence

  • (a) will not attend in response to a subpoena if a subpoena is issued, or

  • (b) is evading service of a subpoena,

  a court, justice or provincial court judge having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 17 to cause that person to be arrested and to be brought to give evidence.

• Marginal note:Subpoena issued first

  (3) Except where paragraph (2)(a) applies, a warrant in Form 17 shall not be issued unless a subpoena has first been issued.