Section 712 — Criminal Code: Application for order when witness out of Canada

An application that is made under paragraph 709(1)(b) shall be made to a judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction before which the accused is to be tried; or to a provincial court judge, where the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII. Where the evidence of a witness is taken by a commissioner appointed under this section, it may be admitted in evidence in the proceedings. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 153]