Criminal Code of Canada - section 700.1(1) - Video links, etc.

section 700.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the issuance of a subpoena for a person to give evidence at a technology-enabled location.

SECTION WORDING

700.1(1) If a person is to give evidence under section 714.1 or 714.3 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at such a place.

EXPLANATION

Section 700.1(1) of the Criminal Code of Canada outlines the process for issuing subpoenas when a person is required to give evidence under specific legal provisions. When a person is required to provide evidence under section 714.1 or 714.3, or under subsection 46(2) of the Canada Evidence Act, a subpoena will be issued by the court if the technology is available to allow the person to give evidence remotely. Additionally, if the person is required to provide evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, a subpoena will again be issued to require the person to provide evidence at a location within the court's jurisdiction, if the technology is available. The purpose of this provision is to provide a mechanism for obtaining evidence from witnesses who are unable to physically appear in court due to location or other restrictions. This provision recognizes the importance of technology in facilitating the remote provision of evidence for witnesses who may be located in another province or even in another country. The issuance of subpoenas under these circumstances ensures that individuals who possess important evidence relevant to a criminal proceeding are not prevented from providing that evidence due to logistical difficulties. By requiring the provision of evidence through remote communication technology, such as video conferencing, the legal system can operate more efficiently and effectively, while also ensuring that all relevant evidence is taken into account.

COMMENTARY

Section 700.1(1) of the Criminal Code of Canada is an important provision that deals with issuing subpoenas to individuals who are required to give evidence or statements under various legal circumstances. The section outlines the legal procedure that must be followed when a person is required to give evidence under section 714.1 or 714.3 or under subsection 46(2) of the Canada Evidence Act, or pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act. The section stipulates that if a person is to give evidence at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, then a subpoena must be issued out of the court to order the person to give evidence at such a place. This means that if the technology is available, a person can be ordered to give evidence from a remote location, rather than physically attending the court. This provision has significant implications, particularly in the context of modern technological advancements. The development of digital communication technologies and virtual meeting software has enabled remote communication between individuals and organizations from different parts of the world. In light of these advancements, it makes sense to allow witnesses to give evidence remotely, rather than traveling long distances to attend court. This provision serves several purposes. Firstly, it ensures that the administration of justice is efficient, as it avoids the need for witnesses to travel to a court or other location to give evidence. This facilitates a faster and more efficient judicial process, which is in the interests of all parties involved. Secondly, it assists in reducing the costs associated with the administration of justice. By enabling witnesses to give evidence remotely, they can avoid travel costs and other related expenses, which can be a significant burden, especially for those who may not have the financial resources to cover these costs. Furthermore, the provision also recognizes that technology can play an important role in the administration of justice, enabling remote participation in the legal proceedings. With the use of modern technologies, individuals can participate from remote locations without any significant impediment. Remote participation can be especially beneficial in situations where the witness has concerns about attending the court in person, for example, due to health reasons, safety concerns, or other personal factors. Overall, section 700.1(1) of the Criminal Code of Canada provides an important framework for the provision of evidence remotely. It recognizes the potential of technology in reducing costs, increasing efficiency, and enabling greater participation in legal processes. While some may argue that remote participation in legal proceedings may diminish the quality and accuracy of testimony, the potential benefits outweigh these concerns, and suitable safeguards can be put in place to mitigate against any possible effects.

STRATEGY

Section 700.1(1) of the Criminal Code of Canada deals with the issuance of a subpoena to a witness who is required to give evidence under certain circumstances. As such, there are several strategic considerations when dealing with this section of the Criminal Code. Firstly, it is important to understand the circumstances under which a witness may be required to give evidence. Section 714.1 and 714.3 of the Criminal Code relate to the giving of evidence by a witness who is in custody and is required to attend court or provide evidence remotely. Subsection 46(2) of the Canada Evidence Act allows a judge to order a witness to give evidence via video link. Section 22.2 of the Mutual Legal Assistance in Criminal Matters Act allows for the giving of evidence or statements in foreign jurisdictions. Understanding the specific circumstances of the witness's testimony is essential for determining the most appropriate strategy. Secondly, it is important to consider the location where the witness is required to give evidence. Section 700.1(1) stipulates that a subpoena shall be issued for the witness to give evidence at a place where the technology is available. This means that the court may require the witness to give evidence at a location other than the courtroom, such as via video conferencing technology. It is important to consider the logistics of this and ensure that all necessary technology is available and functioning correctly. Thirdly, it is important to consider whether the witness is willing to give evidence. If the witness is reluctant or unwilling to give evidence, then a subpoena may be necessary. However, issuing a subpoena may have negative consequences, such as damaging the relationship between the witness and the party seeking the evidence. It is therefore important to approach the witness with sensitivity and try to persuade them to give evidence voluntarily before resorting to a subpoena. Fourthly, it is important to consider the potential impact of the witness's testimony on the case. If the witness's testimony is crucial to the case, then it may be necessary to take additional steps to ensure that they are available to give evidence, such as offering them protection or compensation for their time. Conversely, if the witness's testimony is less essential to the case, then it may be more prudent to avoid subpoenaing them and pursue other avenues for obtaining evidence. In terms of strategies that could be employed, one approach is to try to persuade the witness to give evidence voluntarily. This could involve explaining the importance of their testimony, offering to provide them with support or protection, or providing them with an incentive, such as financial compensation. Another strategy is to carefully consider the logistics of the witness's testimony and ensure that all necessary technology and infrastructure is in place. This may involve working with the court or other parties to ensure that the necessary arrangements are made. Finally, it is important to be prepared for the possibility that the witness may be reluctant or unwilling to give evidence. In such cases, it may be necessary to issue a subpoena, but this should only be done after careful consideration of the potential consequences and with a view to minimizing any negative impact on the case.