Arrest Warrants for Witnesses: Difference between revisions

Latest revision as of 07:06, 23 July 2024

This page was last substantively updated or reviewed January 2020. (Rev. # 95747)

General Principles

See also: Warrant Arrests

Subpoena

698 (1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued in accordance with this Part [Pt. XXII – Procuring Attendance (ss. 697 to 715.2)] requiring that person to attend to give evidence.

Warrant in Form 17 [forms]

(2) Where it is made to appear that a person who is likely to give material evidence

(a) will not attend in response to a subpoena if a subpoena is issued, or

(b) is evading service of a subpoena,

a court, justice or provincial court judge having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 17 to cause that person to be arrested and to be brought to give evidence.

Subpoena issued first

(3) Except where paragraph (2)(a) [power to issue witness warrant – belief of evasion of subpoena] applies, a warrant in Form 17 [forms] shall not be issued unless a subpoena has first been issued.
R.S., 1985, c. C-46, s. 698; R.S., 1985, c. 27 (1st Supp.), s. 203.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 698 (1), (2) and (3)

Warrant for absconding witness

704 (1) Where a person is bound by recognizance to give evidence in any proceedings, a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded may issue his warrant in Form 18 directing a peace officer to arrest that person and to bring him before the court, judge, justice or provincial court judge before whom he is bound to appear.

Endorsement of warrant

(2) Section 528 applies, with such modifications as the circumstances require, to a warrant issued under this section.

Copy of information

(3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.
R.S., 1985, c. C-46, s. 704; R.S., 1985, c. 27 (1st Supp.), s. 203.

– CCC (CanLII), (DOJ)

Note up: 704 (1), (2) and (3)

Warrant when witness does not attend

705 (1) If 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 issue a warrant in Form 17 for the arrest of that person if it is established

(a) that the subpoena has been served in accordance with this Part [Pt. XXII – Procuring Attendance (ss. 697 to 715.2)], and

(b) that the person is likely to give material evidence.

Warrant if witness bound by recognizance

(2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.

Warrant effective throughout Canada

(3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) [warrant if witness does not attend] or (2) [warrant if witness bound by recognizance] may be executed anywhere in Canada.
R.S., 1985, c. C-46, s. 705; R.S., 1985, c. 27 (1st Supp.), s. 203; 2019, c. 25, s. 286
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 705 (1), (2) and (3)

If witness arrested under warrant

706 If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) [power to issue witness warrant – grounds] or section 704 [warrant for absconding witness] or 705 [warrant if witness does not attend], the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties.
R.S., 1985, c. C-46, s. 706; R.S., 1985, c. 27 (1st Supp.), s. 203; 2019, c. 25, s. 287.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 706

Where the applicant fails to establish how the witness' evidence is material the judge should not issue a witness warrant.^[1]

↑ R v Kinzie, [1956] O.W.N. 896 (Ont. C.A.)(*no CanLII links)
R v Darville, 1956 CanLII 463 (SCC), 116 CCC 113 (SCC), per Taschereau J
Foley v Gares, 1989 CanLII 5134 (SK CA), 53 CCC (3d) 82, per Bayda CJ
R v Singh, 1990 CanLII 5684 (AB QB), 108 AR 233 (Alta. Q.B.), per Medhurst J

[1] R v Kinzie, [1956] O.W.N. 896 (Ont. C.A.)(*no CanLII links)
R v Darville, 1956 CanLII 463 (SCC), 116 CCC 113 (SCC), per Taschereau J
Foley v Gares, 1989 CanLII 5134 (SK CA), 53 CCC (3d) 82, per Bayda CJ
R v Singh, 1990 CanLII 5684 (AB QB), 108 AR 233 (Alta. Q.B.), per Medhurst J

[1]

@@ Line 1: / Line 1: @@
+[[Fr:Mandats_d%27arrêt_pour_témoins]]
+{{Currency2|January|2020}}
 {{HeaderArrest}}
 ==General Principles==
 {{seealso|Warrant Arrests}}
-{{quotation|
+{{quotation2|
-'''Subpoena'''<Br>
+; Subpoena
-(1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued in accordance with this Part requiring that person to attend to give evidence.
+(1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued in accordance with this Part {{AnnSec|Part XXII}} requiring that person to attend to give evidence.
-'''Warrant in Form 17'''<br>
+; Warrant in Form 17 {{AnnSec|Form 17}}
 (2) Where it is made to appear that a person who is likely to give material evidence
 :(a) will not attend in response to a subpoena if a subpoena is issued, or
@@ Line 13: / Line 15: @@
 a court, justice or provincial court judge having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 17 to cause that person to be arrested and to be brought to give evidence.
-'''Subpoena issued first'''<br>
+; Subpoena issued first
-(3) Except where paragraph (2)(a) applies, a warrant in Form 17 shall not be issued unless a subpoena has first been issued.
+(3) Except where paragraph (2)(a) {{AnnSec6|698(2)(a)}} applies, a warrant in Form 17 {{AnnSec|Form 17}} shall not be issued unless a subpoena has first been issued.
 <br>
-R.S., 1985, c. C-46, s. 698; R.S., 1985, c. 27 (1st Supp.), s. 203.
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 698;
-|[http://canlii.ca/t/7vf2#sec698 CCC]
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203.
+{{Annotation}}
+|{{CCCSec2|698}}
+|{{NoteUp|698|1|2|3}}
 }}
-{{quotation|
+{{quotation2|
-'''Warrant for absconding witness'''<br>
+; Warrant for absconding witness
 (1) Where a person is bound by recognizance to give evidence in any proceedings, a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded may issue his warrant in Form 18 directing a peace officer to arrest that person and to bring him before the court, judge, justice or provincial court judge before whom he is bound to appear.
 <br>
-'''Endorsement of warrant'''<br>
+; Endorsement of warrant
 (2) Section 528 applies, with such modifications as the circumstances require, to a warrant issued under this section.
 <br>
-'''Copy of information'''<br>
+; Copy of information
 (3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.
 <br>
-R.S., 1985, c. C-46, s. 704; R.S., 1985, c. 27 (1st Supp.), s. 203.
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 704;
-|[http://canlii.ca/t/7vf2#sec704 CCC]
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203.
+|{{CCCSec2|704}}
+|{{NoteUp|704|1|2|3}}
 }}
-{{quotation|
+{{quotation2|
-'''Warrant when witness does not attend'''<br>
+; Warrant when witness does not attend
-(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
+(1) If 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 issue a warrant in Form 17 for the arrest of that person if it is established
-:(a) that the subpoena has been served in accordance with this Part, and
+:(a) that the subpoena has been served in accordance with this Part {{AnnSec|Part XXII}}, and
-:(b) that the person is likely to give material evidence,
+:(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.
+; Warrant if witness bound by recognizance
-<Br>
+(2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.
-'''Warrant where witness bound by recognizance'''<Br>
-(2) Where a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue or cause to be issued a warrant in Form 17 for the arrest of that person.
 <br>
-'''Warrant effective throughout Canada'''<br>
+; Warrant effective throughout Canada
-(3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) or (2) may be executed anywhere in Canada.
+(3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) {{AnnSec7|705(1)}} or (2) {{AnnSec7|705(2)}} may be executed anywhere in Canada.
 <br>
-R.S., 1985, c. C-46, s. 705; R.S., 1985, c. 27 (1st Supp.), s. 203.
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 705;
-|[http://canlii.ca/t/7vf2#sec705 CCC]
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203;
+{{LegHistory80s|2019, c. 25}}, s. 286
+{{Annotation}}
+|{{CCCSec2|705}}
+|{{NoteUp|705|1|2|3}}
 }}
-{{quotation|
+{{quotation2|
-'''Order where witness arrested under warrant'''<br>
+; If witness arrested under warrant
-Where a person is brought before a court, judge, justice or provincial court judge under a warrant issued pursuant to subsection 698(2) or section 704 or 705, the court, judge, justice or provincial court judge may order that the person
+If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) {{AnnSec6|698(2)}} or section 704 {{AnnSec7|704}} or 705 {{AnnSec7|705}}, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties.
-:(a) be detained in custody, or
-:(b) be released on recognizance in Form 32, with or without sureties,
-to appear and give evidence when required.
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 706;
-<br>
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203;
-R.S., 1985, c. C-46, s. 706; R.S., 1985, c. 27 (1st Supp.), s. 203.
+{{LegHistory10s|2019, c. 25}}, s. 287.
-|[http://canlii.ca/t/7vf2#sec706 CCC]
+{{Annotation}}
+|{{CCCSec2|706}}
+|{{NoteUp|706}}
 }}
 Where the applicant fails to establish how the witness' evidence is material the judge should not issue a witness warrant.<ref>
-R v Kinzie, [1956] O.W.N. 896 (Ont. C.A.){{NOCANLII}}<br>
+{{CanLIIR-N|Kinzie|, [1956] O.W.N. 896 (Ont. C.A.)}}<br>
-R v Darville (1956), 116 CCC 113 (S.C.C.), [http://canlii.ca/t/hsqkr 1956 CanLII 463] (SCC){{perSCC|Taschereau J}}<br>
+{{CanLIIRP|Darville|hsqkr|1956 CanLII 463 (SCC)|116 CCC 113 (SCC)}}{{perSCC|Taschereau J}}<br>
-Foley v Gares (1989), [http://canlii.ca/t/g91zl 1989 CanLII 5134] (SK CA), 53 CCC (3d) 82 (Sask. C.A.){{perSKCA|Bayda CJ}}<br>
+{{CanLIIRPC|Foley v Gares|g91zl|1989 CanLII 5134 (SK CA)|53 CCC (3d) 82}}{{perSKCA|Bayda CJ}}<br>
-R. v Singh (1990), [http://canlii.ca/t/28zq3 1990 CanLII 5684] (AB QB), 108 A.R. 233 (Alta. Q.B.){{perABQB|Medhurst J}}<br>
+{{CanLIIRP|Singh|28zq3|1990 CanLII 5684 (AB QB)|108 AR 233 (Alta. Q.B.)}}{{perABQB|Medhurst J}}<br>
 </ref>
 {{reflist|2}}