section 698(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the issuance of a subpoena to compel a person to give material evidence in a proceeding.

SECTION WORDING

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.

EXPLANATION

Section 698(1) of the Criminal Code of Canada pertains to the issuance of a subpoena to a person who is likely to provide crucial evidence in a legal proceeding to which the Act applies. A subpoena is a legal document that commands an individual to appear in court or before a judge, and provide testimony relevant to the case at hand. The section empowers the court to require the attendance of an individual who is expected to offer crucial evidence in the legal proceeding. The purpose of this provision is to ensure that critical evidence is not lost or overlooked during the legal proceedings. The significance of the provision is related to the role of evidence in a court of law. In the legal system, evidence is the foundation on which a case is built or disproved, and material evidence is considered the most crucial. In summary, Section 698(1) enables the issuance of a subpoena to anyone who can provide crucial evidence in a court proceeding. This provision is essential as it ensures that key witnesses are available to provide their testimony in person, thereby contributing to the fair administration of justice. It serves as a critical tool for the effective investigation, prosecution, and adjudication of criminal offenses in Canada.

COMMENTARY

Section 698(1) of the Criminal Code of Canada is a provision that deals with the issuance of a subpoena to a person who is likely to give material evidence in a proceeding to which the Act applies. This provision is an important tool in ensuring that the legal process is able to uncover relevant evidence that can help in the resolution of a criminal case. A subpoena is a legal document that requires a person to appear before a court or tribunal to give evidence. The use of subpoenas is an important part of the legal system as it enables courts to compel witnesses to appear and give evidence that may be critical to the outcome of a case. The Criminal Code of Canada provides for the issuance of subpoenas in accordance with the procedures set out in Part XVIII of the Act. Section 698(1) gives the court the power to issue a subpoena to a person who is likely to give material evidence in a proceeding to which the act applies. The term "material evidence" refers to evidence that is relevant to the issues in the case and could have an impact on the outcome. A person who is likely to give material evidence could be a witness who has knowledge of the facts of the case, or someone who has physical evidence that could be used in the case. The purpose of this provision is to ensure that individuals who have relevant evidence are compelled to attend court and give evidence. This is important as it ensures that the legal process is not hindered by a lack of evidence. It also ensures that all parties in a case are given an equal opportunity to present their case and to refute evidence that is presented against them. The issuance of a subpoena under this provision is subject to the procedures set out in Part XVIII of the Criminal Code. This includes the requirement that the subpoena be served on the person at least 10 days before the date on which they are required to attend court. Failure to comply with a subpoena can result in penalties including fines or imprisonment. In conclusion, section 698(1) of the Criminal Code of Canada is an important provision that enables the court to issue a subpoena to a person who is likely to give material evidence in a proceeding to which the Act applies. This provision ensures that all relevant evidence is available to be presented in court and that the legal process is not hindered by a lack of evidence. The use of subpoenas under this provision is subject to the procedures set out in Part XVIII of the Act, which ensures that individuals are given adequate notice and an opportunity to comply with the subpoena.

STRATEGY

Section 698(1) of the Criminal Code of Canada is an essential power for judicial authorities to ensure that all potential witnesses testify in a criminal proceeding. When considering dealing with this section, there are several strategic considerations that lawyers need to factor to make the best use of it. One of the most critical strategic considerations is ensuring that the witness's evidence is crucial to the case and that it can help in securing the conviction of the defendant. This can be achieved by undertaking thorough research and analysis of the witness's background, previous statements, and their relevance to the case. Identifying the most important witnesses can further assist lawyers in prioritizing the subpoena process and focus their efforts on attaining the relevant evidence just in time for trial. Another essential strategy is identifying the best process to serve subpoenas and the time frame. In some cases, it may be challenging to serve the subpoena to the witness, particularly if they are uncooperative or resist the subpoena's service. In these situations, a creative strategy can be employed, such as engaging a private investigator whose skills will provide crucial evidence to prove the service of the subpoena on the witness. The timing of issuing the subpoena is also vital when dealing with this section of the Criminal Code. Identifying the right time for serving the subpoena ensures that the witness is available to testify during the trial. This requires a thorough understanding of the trial schedule, including the expected time for the witness's testimony. Lawyers may, therefore, need to engage with the court registrar to ensure that the subpoena is well-timed and served accordingly to meet trial deadlines. Another crucial strategic consideration when dealing with this section is how the witness will be treated once they arrive at court to give evidence. Lawyers must provide a comfortable environment that encourages the witness to speak confidently and give accurate testimony. Any form of coercion, manipulation, or intimidation may result in the witness being hostile and uncooperative and may ultimately affect the case's outcome. In conclusion, dealing with section 698(1) of the Criminal Code of Canada requires strategic considerations to be effective. Lawyers must do proper research to identify relevant witnesses, seek creative solutions to serve subpoenas, consider timeframes to ensure effective timing, and provide a comfortable environment for the witness when they give evidence. By taking these steps, the witness can give accurate testimony, which can significantly strengthen the case and ultimately lead to the conviction of the defendant.