INTRODUCTION AND BRIEF DESCRIPTION
A person who receives a subpoena must attend and stay throughout the proceedings unless excused by the judge.
SECTION WORDING
700(2) A person who is served with a subpoena issued under this Part shall attend and shall remain in attendance throughout the proceedings unless he is excused by the presiding judge, justice or provincial court judge.
EXPLANATION
Section 700(2) of the Criminal Code of Canada outlines the obligations of a person who has been served with a subpoena issued under Part XVII of the Code. Part XVII deals with the process of Criminal Proceedings in Distress Act. A subpoena is a document ordering an individual to appear in court and testify as a witness or provide evidence. Under this section, a person who has been served with a subpoena must attend the court proceedings and remain in attendance throughout the proceedings, unless excused by the presiding judge, justice or provincial court judge. This means that the person cannot leave the proceedings without the permission of the presiding judge, justice or provincial court judge. The purpose of this section is to ensure the integrity of the criminal justice system by providing for the effective and orderly conduct of proceedings. It also ensures that witnesses and individuals with relevant evidence are available for the proceedings, and that their attendance is enforced by the court. By requiring individuals to attend and remain in attendance until excused, the court can ensure that its orders are obeyed and that the proceedings are conducted fairly and efficiently. Failure to comply with a subpoena can result in contempt of court charges and possibly lead to fines or imprisonment. Therefore, it is important for individuals who are served with a subpoena to carefully read and comply with the orders set out in the document, including attending and remaining in attendance throughout the proceedings unless excused by the presiding judge, justice or provincial court judge.
COMMENTARY
Section 700(2) of the Criminal Code of Canada provides guidance on the attendance of individuals who are served with subpoenas in criminal proceedings. Subpoenas are legal documents that require an individual to attend court or provide evidence in a criminal case. This section highlights the mandatory attendance of people who have been issued with subpoenas and emphasizes that they must remain in attendance throughout the proceedings unless they are excused by the presiding judge, justice, or provincial court judge. The provision means that individuals who are issued subpoenas have a legal obligation to attend court and cooperate with the proceedings. Failure to attend or comply with the subpoena may result in legal action being taken against them. This provision underlines the importance of witness attendance in the criminal justice system. Witnesses play a crucial role in criminal proceedings, and their testimonies can be the deciding factor in determining the guilt or innocence of an accused person. In some cases, a person may seek to be excused from their obligation to attend court. Some common reasons for seeking an excuse from attending court include personal circumstances, such as illness, family matters, or other obligations that take precedence over the legal proceedings. The presiding judge or justice will consider any request for excuse and decide whether it is valid. If the judge deems that the reason for the excuse is insufficient, the individual will be required to attend the proceedings as mandated by the subpoena. Overall, Section 700(2) emphasizes the importance of witness attendance in criminal proceedings and highlights the obligation of individuals to cooperate with the legal process. The provision also recognizes the potential for circumstances beyond a person's control that may prevent them from attending court and offers a process for seeking an excuse from their obligation. The provision serves to ensure that justice is served, and all parties involved in the legal system have a fair and equal opportunity to present their case.
STRATEGY
Section 700(2) of the Criminal Code of Canada puts forth a clear guideline mandating the attendance of an individual who is served with a subpoena. The purpose of this section is to ensure that the administration of justice proceeds in an unhindered manner. However, in practice, the application of this section can lead to several strategic considerations. One of the primary considerations is the nature of the proceedings. If the proceedings are merely administrative, it may not be necessary for the individual to attend in person. However, if the proceedings are of a criminal nature, then the individual's attendance becomes essential. In such cases, the defense counsel would need to employ strategies to ensure that the individual's presence does not adversely affect the defense's case. Another strategic consideration is the potential disruption caused by the individual's attendance. While the law requires attendance, it may not always be practical or desirable. For instance, if the individual is a key witness in a trial, their attendance could cause undue stress and anxiety, leading to an inaccurate or incomplete testimony. One strategy that can be employed in such cases is to seek an exemption from the presiding judge. The judge may grant an exemption based on the reason provided and the impact of the individual's attendance on the proceedings. The exemption could be temporary or permanent, depending on the nature of the proceedings and the situation. Another strategy that can be employed is to negotiate with the prosecutor or the police. In cases where the individual is required to give evidence against someone they know or have a relationship with, they may be hesitant to attend. In such cases, the defense counsel can negotiate with the prosecutor or the police to provide an alternative means of acquiring the testimony or evidence. In conclusion, section 700(2) of the Criminal Code of Canada lays down the guiding principle of mandatory attendance of a subpoenaed individual in legal proceedings. Various strategic considerations must be evaluated before deciding the course of action. The primary consideration is the nature of the proceedings, and the potential impact on the defense's case. Strategies such as seeking an exemption or negotiating with the prosecutor offer alternative solutions in cases where attendance may be impractical or undesirable.