INTRODUCTION AND BRIEF DESCRIPTION
This section states that a subpoena requires a person to attend a specified time and place to give evidence and bring related items if necessary.
SECTION WORDING
700(1) A subpoena shall require the person to whom it is directed to attend, at a time and place to be stated in the subpoena, to give evidence and, if required, to bring with him anything that he has in his possession or under his control relating to the subject-matter of the proceedings.
EXPLANATION
Section 700(1) of the Criminal Code of Canada lays down the legal obligation for a subpoena. A subpoena is a legal document that requires an individual to give evidence in proceedings regarding a criminal case. It compels attendance at a specified time and place and can demand that a person bring with them any item or evidence related to the case. This section of the Criminal Code makes it clear that a subpoena is required to provide evidence and that the person who receives it must attend and give evidence if required. The subpoena is usually issued by the court, and it is essential that the individual who receives it attends court at the specified time and place. Failure to do so may result in a warrant for their arrest or other legal penalties. The section also notes that the individual may be asked to bring with them any items that they possess and that relate to the proceedings. The subpoena recipient is obligated to hand over the items or evidence when requested by the court. This is an important part of the criminal justice system, as it allows all relevant evidence and information to be brought to light, helping to ensure that justice is served. In summary, Section 700(1) of the Criminal Code of Canada outlines the legal requirements for a subpoena and highlights the importance of attending court to provide evidence when requested. This section helps to ensure that the criminal justice process is fair and transparent and that all essential evidence is considered during criminal proceedings.
COMMENTARY
Section 700(1) of the Criminal Code of Canada outlines the requirements for issuing a subpoena to an individual. A subpoena is a legal document that requires an individual to appear in court, typically to give testimony as a witness. Subpoenas are an essential tool in legal proceedings, as they help to ensure that all relevant information and witnesses are brought before the court. The section states that a subpoena must include the date, time, and location where the individual is required to appear. This information is critical, as it allows the individual to make arrangements to attend court. Additionally, the subpoena must require the individual to bring with them any documents or other evidence that relates to the subject matter of the proceeding. The requirement to bring evidence is an essential aspect of subpoenas. It enables the court to access all relevant information related to the case, which is necessary for a fair and just decision. Without this requirement, individuals may withhold critical evidence that could potentially alter the outcome of the case. Subpoenas are typically issued by the prosecution or defense in a criminal case, but they can also be issued by the court itself. In some instances, individuals may be reluctant to appear in court, but the consequences of failing to comply with a subpoena can be severe. The individual who fails to comply may face fines or even be held in contempt of court. Overall, section 700(1) of the Criminal Code of Canada plays a crucial role in safeguarding the fairness and integrity of the legal system. By requiring individuals to appear in court and bring relevant evidence, courts can make informed decisions based on all available information. It ensures that the legal process is carried out in a transparent and impartial manner, which is vital for maintaining the public's trust in the judiciary.
STRATEGY
When dealing with section 700(1) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These considerations include understanding the scope of the subpoena, evaluating the potential risks and benefits of compliance, and developing a plan of action. The first consideration is to understand the scope of the subpoena. This means reviewing the language of the subpoena to determine what materials or information are being sought and what the specific requirements are for compliance. It's important to pay close attention to any deadlines or limitations imposed by the subpoena, such as how long the person has to comply or what specific items are required to be produced. Next, it's important to evaluate the potential risks and benefits of compliance. Depending on the circumstances, complying with a subpoena may either help or harm the interests of the person being subpoenaed. For example, compliance may help a person's defense in criminal proceedings by providing exculpatory evidence, or it may harm them by providing incriminating evidence. Additionally, complying with a subpoena may entail significant costs, such as the cost of hiring legal counsel or producing documents. Once the scope of the subpoena and the potential risks and benefits have been evaluated, a plan of action should be developed. This may involve negotiating with the party issuing the subpoena to narrow its scope, challenging the validity of the subpoena in court, or complying with the subpoena in full. The chosen strategy will depend on the specific circumstances of the case, including the strength of the evidence being sought, the goals of the person being subpoenaed, and the resources available to them. Some strategies that could be employed when dealing with section 700(1) of the Criminal Code of Canada include: 1. Objecting to the subpoena on the grounds that it is overly broad or burdensome. This can be done by filing a motion with the court to quash the subpoena or to modify its terms. 2. Negotiating with the party issuing the subpoena to narrow its scope or extend the deadline for compliance. This can be done through informal discussions or through a formal settlement process. 3. Complying with the subpoena in full, but only after carefully reviewing the materials or information being produced and assessing the potential risks and benefits. 4. Asserting privilege or other defenses to protect sensitive or confidential information from disclosure. This can be done by filing a motion with the court to assert the applicable privilege, such as attorney-client privilege or doctor-patient privilege. In conclusion, compliance with section 700(1) of the Criminal Code of Canada requires careful consideration of the scope of the subpoena, potential risks and benefits of compliance, and a plan of action. Depending on the circumstances of the case, various strategies may be employed, such as objecting to the subpoena, negotiating its scope, complying in full, or asserting privilege. Ultimately, the chosen strategy should be tailored to the specific needs and goals of the person being subpoenaed.