INTRODUCTION AND BRIEF DESCRIPTION
This section applies other specified sections of the Criminal Code to a subpoena issued under this section with necessary modifications.
SECTION WORDING
700.1(2) Sections 699, 700 and 701 to 703.2 apply, with any modifications that the circumstances require, to a subpoena issued under this section.
EXPLANATION
Section 700.1(2) of the Criminal Code of Canada plays an important role in the Canadian legal system, specifically in relation to the issuance of subpoenas. A subpoena is a legal document that compels a person to give evidence or produce certain documents or things in a court of law. This section outlines specific rules regarding subpoenas issued under Section 700.1 of the Criminal Code. It specifies that the rules outlined in Sections 699, 700, and 701 to 703.2 of the Criminal Code on subpoenas apply to those issued under Section 700.1, with any necessary modifications to suit the particular circumstances of the subpoena. These rules are intended to ensure that all parties involved in legal proceedings are treated fairly and that the subpoena process is conducted in a just and efficient manner. They detail the requirements for issuing and serving subpoenas, the rights of parties who receive subpoenas, and the consequences of non-compliance with a subpoena. Overall, Section 700.1(2) serves to reinforce the importance of the legal system's reliance upon subpoena power, which helps to ensure that the truth is brought to light and justice is properly served in criminal cases.
COMMENTARY
Section 700.1(2) of the Criminal Code of Canada is an important provision that governs the issuance of subpoenas by the court to compel the attendance of witnesses. The section outlines the applicability of several other sections of the Criminal Code (699, 700 and 701 to 703.2) to subpoenas issued under this section. This provision is important in ensuring that subpoenas issued by the court are in line with the broader provisions of the Criminal Code and are subject to the same rules and limitations as other legal processes. This ensures that witnesses are required to attend court and provide testimony in a fair and reasonable manner, without being subjected to undue influence or coercion. One of the key aspects of this provision is the requirement for modifications to be made to other sections of the Criminal Code as necessary. This recognizes that the circumstances surrounding the issuance of subpoenas can vary significantly, and that some modifications may be necessary to take these circumstances into account. For example, if a witness is unable to attend court due to illness or disability, modifications may need to be made to the usual procedures for issuing a subpoena. Similarly, if a witness is located in another jurisdiction, modifications may need to be made to the process to ensure that the subpoena is enforceable in that jurisdiction. Overall, section 700.1(2) plays an important role in ensuring that subpoenas issued by the court are fair, reasonable and subject to the same rules and limitations as other legal processes. By outlining the applicability of other sections of the Criminal Code and the need for modifications as necessary, this provision helps to ensure that the interests of all parties involved are properly protected.
STRATEGY
Section 700.1(2) of the Criminal Code of Canada is primarily concerned with the issuance of subpoenas. Subpoenas are a vital component of any criminal investigation, especially in cases where individuals may have important information or evidence that is necessary for the prosecution's case. One strategic consideration when dealing with this section of the Criminal Code of Canada is compliance. Failure to comply with a subpoena can result in serious consequences, including fines and even imprisonment. Therefore, individuals who have been issued a subpoena should carefully review the terms of the subpoena and ensure that they comply with all of its requirements. Another important consideration is the potential impact of the subpoena on ongoing investigations. If the information or evidence requested is related to an ongoing investigation, compliance with the subpoena could significantly impact the direction and outcome of that investigation. Therefore, it is important to carefully assess the potential impact of compliance with the subpoena before deciding how to proceed. Strategies that could be employed to deal with this section of the Criminal Code of Canada include seeking legal advice, negotiating with law enforcement agencies, and requesting that the subpoena be quashed. Legal advice can help individuals understand their rights and obligations under the law and provide guidance on how best to comply with the subpoena. Negotiations with law enforcement agencies, including the Crown prosecutor's office, can also be helpful in resolving disputes related to the subpoena. For example, a negotiated resolution could result in a modified subpoena that is less onerous or intrusive. Lastly, individuals who believe that the subpoena is unreasonable or infringes on their rights can seek to have the subpoena quashed. This involves making an application to the court to have the subpoena set aside on legal grounds. Overall, individuals who have been issued a subpoena under Section 700.1(2) of the Criminal Code of Canada should carefully consider their options and seek legal advice when necessary. By doing so, they can ensure that they comply with the law while also protecting their rights and interests.