INTRODUCTION AND BRIEF DESCRIPTION
699(1) If a person is required to attend to give evidence before a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX, a subpoena directed to that person shall be issued out of the court before which the attendance of that person is required.
Section 699(1) of the Criminal Code of Canada sets out the procedure for issuing a subpoena to require a person's attendance to give evidence before a criminal court. A subpoena is a legal document that requires a person to appear in court to give evidence under oath or affirmation. The provision applies to superior courts of criminal jurisdiction, appeal courts, and courts of criminal jurisdiction other than provincial court judges acting under Part XIX. The purpose of the section is to ensure that the court can compel the attendance of witnesses to testify in a criminal trial. The subpoena is issued by the court before which the attendance of the person is required, and it must be personally served on the person. Failure to comply with a subpoena can result in a charge of contempt of court. This provision is important in the criminal justice system because it ensures that all relevant evidence is presented before the court. Witnesses may have valuable information that could help to establish guilt or innocence, and the issuance of subpoenas ensures that they are available to testify. It also protects the rights of the accused, as they have the right to confront and cross-examine witnesses against them. In summary, Section 699(1) of the Criminal Code of Canada establishes the process for issuing a subpoena to compel the attendance of a witness to testify in a criminal trial. It ensures the full and fair presentation of evidence and protects the rights of both the accused and the prosecution.
Section 699(1) of the Criminal Code of Canada establishes the requirement for a subpoena to be issued to a person who is required to attend a court proceeding to provide evidence. A subpoena is a legal order that requires individuals to appear in court to give testimony or provide evidence relevant to an ongoing legal case. In essence, this section outlines the legal process required to compel a witness to testify before a court of law. The purpose of a subpoena is essential in ensuring that courts have access to the evidence they require to make fair and just decisions. It is a fundamental principle of law that all parties to litigation be given an opportunity to present their cases, and the evidence that supports those cases. Witnesses, who possess information relevant to a case, are considered a valuable resource because they can provide testimony that is required to establish the facts of a case. The use of subpoenas ensures that witnesses cannot sidestep their obligation to provide evidence, either by outright refusing to provide it or simply avoiding being served. With a subpoena, individuals are legally obligated to appear before a court or tribunal and cannot refuse to do so without legal consequences. Failure to comply with a subpoena can result in the issuance of a contempt order and potential criminal charges. It should be noted that the issuance of a subpoena should not be abused. In Canada, the use of subpoenas is governed by the Rules of Evidence. The issuance of a subpoena should only occur when it is necessary to secure evidence that cannot be obtained otherwise. It is important to remember that individuals who may be involved in legal proceedings should have their rights protected and the use of subpoenas should not be used as a tool to intimidate or unduly harass individuals. In conclusion, section 699(1) of the Criminal Code of Canada outlines the requirements for the issuance of subpoenas to witnesses required to attend court proceedings. The use of subpoenas is essential in ensuring that courts have access to all necessary evidence to make fair and just decisions. However, it should not be abused, and the rules of evidence should be followed to protect the rights of individuals involved in legal proceedings. Ultimately, the legal system must balance the need for evidence with the rights of individuals and the proper use of subpoenas is an important tool to achieve this balance.
Section 699(1) of the Criminal Code of Canada contains provisions related to issuing a subpoena to a person who is required to attend court to give evidence before a superior court, an appeal court, or a court of criminal jurisdiction other than a provincial court judge. Ensuring compliance with this provision is an essential part of the trial process, which requires prosecutors, defense counsels, and witnesses to work together seamlessly. Some strategic considerations when dealing with Section 699(1) of the Criminal Code are as follows: 1. Timely Issuing of Subpoenas: Issuing subpoenas to witnesses in a timely fashion is crucial to ensure their attendance. In cases where a witness is reluctant or hostile, a longer lead time between issuing the subpoena and the date of attendance gives more time to contact the witness and convince them to show up in court or provides the necessary time to enforce compliance. 2. Serving Subpoenas: Once a subpoena is issued, it must be properly served on the witness. The proper service of the summons ensures that the witness is aware of the obligation to attend. When service is not adequately carried out, the failure to comply with the order cannot be attributed to the witness. 3. Protection of Witnesses: Witnesses may require protection when attending court, especially when their testimony may put their safety in danger. In such cases, appropriate measures to protect the witnesses must be implemented. 4. Compliance with Witness Fees and Expenses: Witnesses who attend court are entitled to be paid fees and expenses for their time and effort. The amount paid must be reasonable and include such items as lost income, travel expenses, and accommodation. Providing sufficient allowances to the witnesses will encourage compliance, reduce unnecessary delays and show respect for the witness's time. Some strategies that could be employed to comply with Section 699(1) of the Criminal Code are: 1. Advance Notification: Providing witnesses with advance notice of their obligation to attend court helps to ensure their availability. This strategy requires that the date and time of attendance be communicated to the witness sufficiently earlier. 2. Reasonable Witness Fees and Expenses: Offering an adequate allowance to the witnesses for their time, expenses, and lost income makes it more likely that they will attend court when required. 3. Witness Protocols: Developing protocols for the protection of witnesses who require it ensures their safety while attending court. This may include securing transport, providing safe lodging, or providing for other security measures. 4. Court Familiarization: Witnesses who have never attended court before may be apprehensive and uncertain. Providing orientation and guidance regarding court procedures beforehand can help reduce their anxiety and improve their performance. In conclusion, complying with Section 699(1) of the Criminal Code of Canada requires a collective effort by all stakeholders involved in the trial process. A strategic approach to witness attendance is critical to the efficient processing of criminal cases. Employing adequate strategies such as issuing subpoenas in a timely manner, serving subpoenas appropriately, offering reasonable fees, protecting witnesses where necessary, and familiarizing witnesses with court procedures can help to ensure their attendance and improve their testimony.