INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the issuance of a subpoena for a person to attend court as a witness in provincial or summary conviction court proceedings.
SECTION WORDING
699(2) If a person is required to attend to give evidence before a provincial court judge acting under Part XIX or a summary conviction court under Part XXVII or in proceedings over which a justice has jurisdiction, a subpoena directed to the person shall be issued (a) by a provincial court judge or a justice, where the person whose attendance is required is within the province in which the proceedings were instituted; or (b) by a provincial court judge or out of a superior court of criminal jurisdiction of the province in which the proceedings were instituted, where the person whose attendance is required is not within the province.
EXPLANATION
Section 699(2) of the Criminal Code of Canada outlines the procedure for issuing a subpoena to a person who is required to attend court and give evidence. This section applies where a provincial court judge or a summary conviction court under Part XXVII or a justice has jurisdiction over the proceedings. The section specifies that a subpoena must be issued to the person who is required to attend court. This subpoena can be issued by a provincial court judge or a justice where the person whose attendance is required is within the province where the proceedings were instituted. However, if the person is not within the province, the subpoena must be issued by a provincial court judge or out of a superior court of criminal jurisdiction of the province in which the proceedings were instituted. The purpose of this section is to ensure that the necessary steps are taken to ensure that witnesses attend court and give their testimony. A subpoena is a legal document that requires a person to attend court and give evidence. By specifying the procedure for issuing a subpoena, this section ensures that witnesses are notified in a timely and appropriate manner. The section also ensures that the subpoena is issued by a proper authority. The authority to issue a subpoena is important because it ensures that the credibility of the evidence presented in court is not undermined. Overall, section 699(2) of the Criminal Code of Canada is an important provision that ensures that witnesses are compelled to attend court and give evidence in a fair and lawful manner.
COMMENTARY
Section 699(2) of the Criminal Code of Canada sets out the procedure for issuing a subpoena to a witness who is required to attend court to give evidence. The provision applies to witnesses who are required to attend before a provincial court judge acting under Part XIX, which deals with proceedings related to criminal offences, or a summary conviction court under Part XXVII, which deals with less serious criminal offences. It also applies to proceedings over which a justice has jurisdiction, which may include a variety of matters ranging from traffic offences to minor criminal offences. The provision states that if a person is required to attend to give evidence in any of these proceedings, a subpoena must be issued to them. In cases where the person whose attendance is required is within the province in which the proceedings were instituted, the subpoena must be issued by a provincial court judge or a justice. On the other hand, if the witness is not in the province, the subpoena must be issued by a provincial court judge or out of a superior court of criminal jurisdiction of the province in which the proceedings were instituted. The purpose of this provision is to ensure that witnesses are compelled to attend court to give evidence when required. A subpoena is a legal document that requires a person to attend court on a certain day and give evidence under oath. Failure to comply with a subpoena may result in the person being charged with contempt of court, which can lead to fines or imprisonment. The provision also sets out the procedure for issuing a subpoena to a witness who is not within the province. In such cases, a provincial court judge or a superior court of criminal jurisdiction in the province must issue the subpoena. This ensures that witnesses who are outside the province but are necessary for the proceedings can still be compelled to attend court. Overall, section 699(2) is an important provision that ensures witnesses are compelled to attend court to give evidence when required. By setting out the procedure for issuing a subpoena, the provision ensures that witnesses who are necessary for the proceedings can be compelled to attend court, even if they are not within the province. This helps to ensure that the justice system functions effectively and that cases can be heard and decided based on all available evidence.
STRATEGY
Section 699(2) of the Criminal Code of Canada plays a crucial role in ensuring that parties to a legal proceeding have access to important evidence. It provides a mechanism by which witnesses can be compelled to attend court and give testimony. However, as with any legal provision, there are strategic considerations that need to be taken into account when dealing with this section. One key consideration when dealing with section 699(2) is the potential impact on the witness. Receiving a subpoena can be a stressful and intimidating experience, particularly for those who may be reluctant to testify. Therefore, it is important to consider how best to approach and communicate with the witness to ensure that they feel comfortable and their interests are protected. This may involve explaining the legal process to them, addressing any concerns they may have about their safety or privacy, and ensuring that they have support throughout the process. Another strategic consideration when dealing with section 699(2) is the potential impact on the legal case. The evidence that a witness provides can be critical to the outcome of a proceeding, and therefore it is important to ensure that witnesses are properly prepared and that their testimony is as effective as possible. This may involve working with them to develop a clear and concise narrative, ensuring that they understand the questions they will be asked, and addressing any challenges they may face in giving evidence. In addition to these general considerations, there are several specific strategies that can be employed when dealing with section 699(2). These include: 1. Working with the court: It is important to establish a positive relationship with the court and its staff. This may involve being responsive to requests for information or documents, cooperating with scheduling requests, and maintaining a professional demeanor at all times. 2. Conducting a thorough investigation: Before issuing a subpoena, it is important to conduct a thorough investigation to ensure that the witness has relevant information to contribute to the proceeding. This may involve conducting interviews, reviewing documents, and identifying potential areas of inquiry. 3. Providing support for the witness: Witnesses may be apprehensive about giving evidence, and it is important to provide them with the support they need to feel comfortable and confident. This may involve communicating regularly, providing access to legal counsel or other support services, and addressing any concerns or fears they may have about the process. 4. Preparing thoroughly: Effective preparation is key to ensuring that witnesses are able to provide clear and compelling testimony. This may involve conducting mock examinations, creating outlines or summaries of key points, and rehearsing the testimony with the witness. In conclusion, section 699(2) of the Criminal Code of Canada provides an important mechanism for compelling witnesses to attend court and provide evidence. However, there are strategic considerations that need to be taken into account when dealing with this provision. By carefully considering the impact on the witness and the legal case, and employing specific strategies such as working with the court, conducting a thorough investigation, providing support, and preparing thoroughly, parties can ensure that they are able to obtain the evidence they need to effectively argue their case.