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Criminal Code

Version of section 705 from 2019-09-19 to 2020-10-05:


Marginal note:Warrant if witness does not attend

  •  (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

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

  • Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 705
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 286
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