section 111(7)


Sections 113 to 117 apply to every order made under subsection (5).


111(7) Sections 113 to 117 apply in respect of every order made under subsection (5).


Section 111(7) of the Criminal Code of Canada is a subsection that applies to orders made under subsection 5 regarding the questioning of witnesses. The section applies to Sections 113 to 117 of the Criminal Code that address the procedures involved in questioning a witness in a criminal trial. In essence, Section 111(7) serves as a reminder that any order made under subsection 5 will be subject to the requirements and restrictions imposed by Sections 113 to 117 of the Criminal Code. These sections outline the various procedures for questioning witnesses and sets out the requirements for the admissibility of their evidence in court. Section 113 addresses the manner of questioning a witness. It requires questioning to be relevant, respectful, and conducted in a way that doesn't overly prejudice the witness or the accused. Section 114 requires that witnesses make a declaration or oath before giving evidence, and Section 115 provides for the powers and duties of the presiding judge in controlling the questioning of witnesses. Section 116 ensures that the cross-examination of a witness remains within reasonable bounds, while Section 117 provides for the conditions under which the evidence of a vulnerable witness, such as a child or a victim of sexual assault, can be admitted. In essence, the application of Section 111(7) demonstrates the importance of adherence to the procedures and requirements set out in Sections 113 to 117 of the Criminal Code when questioning a witness. This helps to ensure that the evidence presented in court is admissible, relevant, and fair to both the accused and the witness.


Section 111(7) of the Criminal Code of Canada is an important provision regarding the use of peace bonds. It states that Sections 113 to 117 apply in respect of every order made under subsection (5). This means that the provisions of the Criminal Code that relate to peace bonds will apply whenever a peace bond is ordered by a court under subsection (5) of Section 111. Subsection (5) of Section 111 allows a court to order a peace bond against an individual if it believes that person may commit a criminal offence. Essentially, a peace bond is a court order that requires an individual to keep the peace and be of good behaviour for a certain period of time. If they fail to do so, they may face criminal charges and could potentially be imprisoned. The provisions of the Criminal Code that apply to peace bonds include Sections 113 to 117. Section 113 outlines the requirements of a peace bond, while Section 114 explains the procedure for obtaining a peace bond. Section 115 sets out the terms and conditions of a peace bond, while Section 116 explains the consequences of breaching a peace bond. Finally, Section 117 allows for the forfeiture of any recognizance or security that may have been put up when the peace bond was ordered. The use of peace bonds is an important tool for the criminal justice system. It allows for individuals who may pose a threat to society to be monitored and controlled. At the same time, it allows for less punitive measures to be used than imprisonment, which can have significant social and economic costs. One issue with the use of peace bonds is that they may be used disproportionately against marginalized groups. For example, research has shown that Indigenous peoples, people with mental health issues, and those with low incomes are more likely to be subject to peace bonds than other groups. This raises questions about whether peace bonds are being used effectively and fairly, or if they are just another way to criminalize these communities. Additionally, some argue that peace bonds are too invasive and can infringe on an individual's rights and freedom. For example, a peace bond may require an individual to stay away from certain locations or people, which could impact their ability to work or visit loved ones. There are also concerns that some peace bonds are ordered based on vague or subjective fears of future crime, rather than evidence-based assessments of risk. Overall, Section 111(7) of the Criminal Code of Canada emphasizes the importance of following the provisions of the Criminal Code when ordering peace bonds. However, it is important to consider the potential biases and limitations of peace bonds, and to ensure that they are ordered only when necessary and in a fair and just manner.


Section 111(7) of the Criminal Code of Canada is an essential provision that governs the application of Sections 113 to 117 in relation to every order made under subsection (5). This section provides a critical framework for strategic considerations when dealing with any order made pursuant to subsection (5) of Section 111. The subsection empowers a court to make orders for the appearance of a witness in a criminal proceeding, regardless of whether they are in Canada or outside the country. One essential strategic consideration for counsel dealing with a matter that falls under this provision is the need to ensure the witness's safety when they are required to appear before the court. The conduct of criminal proceedings in Canada is guided by strict rules aimed at protecting the rights of witnesses and the accused. For instance, Section 114 outlines the procedure to be followed when summoning a witness. Counsel must consider the potential risks that the witness may face upon their appearance, especially if they are located outside the country. This may require additional protective measures, including the use of secure transport, safe houses, and personal protection services. Another strategic consideration is the cost implications involved in securing the attendance of a witness located outside Canada. Counsel must ensure that they conduct due diligence of the relevant laws and procedural requirements in the foreign jurisdiction to determine the necessary steps that need to be taken. This may include filing extradition requests, initiating diplomatic channels, and using specialized services such as international process servers and legal research firms. Counsel must be prepared to employ a range of strategies to mitigate costs and delays, including conducting video depositions and utilizing electronic evidence. Counsel must also consider the potential challenges that may arise when dealing with reluctant witnesses or those who are not willing to testify. In situations where a witness refuses or fails to show up despite being issued a subpoena, Section 115 of the Criminal Code provides for the issuance of warrants to compel their attendance. Counsel may also consider utilizing the option of seeking orders from the court to impose civil penalties for noncompliance with the subpoena. This includes the possibility of enforcing costs incurred as a result of the witness's failure to appear. Overall, strategic considerations when dealing with Section 111(7) of the Criminal Code require diligent preparation, familiarity with the applicable laws and regulations in foreign jurisdictions and the willingness to employ a range of strategies. This includes the use of technology, diplomatic channels, and specialized services for enforcing witness testimony, ensuring witness safety, mitigating costs, and dealing with non-compliance. Effective collaboration with other stakeholders, including prosecutors, law enforcement agencies, and legal experts can enhance the effectiveness of counsel's strategies in navigating criminal proceedings.