section 705(1)

INTRODUCTION AND BRIEF DESCRIPTION

If someone fails to attend court after being subpoenaed and it is established that the subpoena was served and the person has material evidence, a warrant for their arrest may be issued.

SECTION WORDING

705(1) Where a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may, if it is established (a) that the subpoena has been served in accordance with this Part, and (b) that the person is likely to give material evidence, issue or cause to be issued a warrant in Form 17 for the arrest of that person.

EXPLANATION

Section 705(1) of the Criminal Code of Canada empowers a court, judge, justice or provincial court judge, to issue a warrant for the arrest of an individual who has been served with a subpoena to give evidence in a proceeding but fails to attend or remain in attendance. The section lays out two preconditions that must be met before the arrest warrant can be issued. Firstly, it must be established that the subpoena was appropriately served on the individual, in accordance with the Part of the Criminal Code that deals with subpoenas. Secondly, it must also be established that the individual is likely to give material evidence. This section recognizes the importance of securing the presence of individuals who have been subpoenaed to give evidence in court proceedings. Failure to comply with a subpoena is treated as a serious offense and can attract criminal sanctions. The courts have a compelling interest in ensuring that individuals who have material evidence to present are brought before the court to testify. This is essential in the pursuit of justice and the administration of the law. Overall, section 705(1) is an important tool to ensure the compliance of witnesses with their obligation to attend court proceedings. The section serves to safeguard the integrity of the criminal justice system by ensuring that witnesses attend court and provide material evidence. The use of an arrest warrant as a tool for achieving this objective highlights the seriousness with which the courts view the obligation to give evidence in legal proceedings.

COMMENTARY

Section 705(1) of the Criminal Code of Canada outlines the enforcement of subpoenas in criminal proceedings. A subpoena is a legal document that requires a person to attend court and provide evidence in a case. Failure to comply with a subpoena can result in severe consequences including an arrest warrant being issued. This section establishes the authority of the court, judge, justice, or provincial court judge to issue or cause the issuance of an arrest warrant if a person fails to attend or remain in attendance after being served with a subpoena. The section requires that two conditions be met before an arrest warrant can be issued. First, it must be established that the subpoena was served in accordance with Part XVII of the Criminal Code of Canada, which outlines the rules around service of subpoenas. Second, it must be established that the person called to give evidence is likely to provide material evidence. The purpose of this section is to ensure that witnesses attend court and provide the necessary evidence for the case to proceed. Witnesses play a critical role in criminal proceedings, providing information that can make or break a case. Without this section, people who have been served with a subpoena may choose not to attend court, frustrating the legal process and preventing justice from being served. However, there are potential issues with this section. For example, there may be situations where a witness is unable to attend court due to circumstances beyond their control, such as illness, transportation issues, or job obligations. In these cases, the witness may face an arrest warrant even though they did not intentionally fail to attend court. It is important for the court to consider each case on its own merits and to ensure that witnesses are given reasonable opportunities to attend court. Another potential issue is the risk of abuse of power by the authorities issuing the subpoenas and arrest warrants. There must be strict adherence to the procedural requirements outlined in the Criminal Code of Canada to prevent authorities from using this section to intimidate or harass witnesses. The focus should be on ensuring that justice is served, not on punishing innocent parties. Overall, Section 705(1) of the Criminal Code of Canada is an important provision that upholds the integrity of the legal process in criminal proceedings. However, it is crucial that the authorities exercise their power in a fair and reasonable manner, with a focus on ensuring that all parties receive a fair trial.

STRATEGY

Section 705(1) of the Criminal Code of Canada gives the courts the power to issue a warrant for the arrest of a person who fails to attend or remain in attendance after being served with a subpoena to give evidence in a proceeding. This section serves as a deterrent to compel the attendance of witnesses, as it allows for the use of coercive measures against those who do not comply with the court's orders. When dealing with this section of the Criminal Code, there are several strategic considerations that parties involved in a proceeding should take into account. One of the most important considerations is the timing of the issuance of the subpoena. In order to ensure that the witness is compelled to attend court, the subpoena should be served well in advance of the trial date. This will give the witness ample time to prepare for their testimony and make any necessary arrangements to attend court, such as arranging time off work or making travel arrangements. Another strategic consideration is the importance of the witness's testimony. If the witness is likely to give material evidence that could impact the outcome of the case, it may be necessary to take additional steps to ensure their attendance. This could include offering to pay for their travel expenses or providing compensation for any time off work. In cases where witnesses are reluctant to attend court, it may be necessary to use alternative means to compel their attendance. For example, a party could seek an order from the court requiring the witness to attend or face contempt of court charges. Alternatively, a party could seek to secure the witness's attendance through intimidation or other coercive tactics. However, it is important to note that such tactics are not legal, and could result in criminal charges being laid against those who employ them. Ultimately, the most effective strategy for dealing with Section 705(1) is to communicate openly and honestly with witnesses about their role in the proceeding and the importance of their testimony. By explaining the impact that their testimony could have on the outcome of the trial, and by offering support and assistance where necessary, parties can often motivate reluctant witnesses to attend court without having to resort to coercive measures. In conclusion, Section 705(1) of the Criminal Code of Canada serves as an important tool for ensuring that witnesses attend court and provide material evidence in legal proceedings. When dealing with this section of the Criminal Code, parties should take into account a range of strategic considerations, including the timing of the subpoena, the importance of the witness's testimony, and the use of alternative measures to secure attendance. By approaching witnesses with open communication and support, parties can often achieve the desired outcome without resorting to coercion or intimidation.