Section 709 — Criminal Code: Order appointing commissioner

A party to proceedings by way of indictment or summary conviction may apply for an order appointing a commissioner to take the evidence of a witness who is, by reason of physical disability arising out of illness, or any other good and sufficient cause, not likely to be able to attend at the time the trial is held; or is out of Canada. A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.