Section 710 — Criminal Code: Application where witness is ill

An application under paragraph 709(1)(a) shall be made to a judge of a superior court of the province in which the proceedings are taken; to a judge of a county or district court in the territorial division in which the proceedings are taken; or to a provincial court judge, where at the time the application is made, the accused is before a provincial court judge presiding over a preliminary inquiry under Part XVIII, or the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII. An application under subparagraph 709(1)(a)(i) may be granted on the evidence of a registered medical practitioner.