Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 696.8 — Accessibility
The Commission must ensure that applicants and potential applicants are able to communicate readily with the Commission from any place in Canada.
Section 696.81 — Outreach
The Commission must publish information about its mandate on its website and must provide the public, including potential applicants, with information about its mandate and about miscarriages of…
Section 696.82 — Transparency
The Commission must carry out its mandate in a transparent manner. The Commission must publish its decisions on its website in a manner that protects confidential information; and is not likely to…
Section 696.83 — Policies
The Commission may adopt policies generally for the carrying out of its work and the management of its affairs, including policies respecting its procedures and practices. The Commission must adopt…
Section 696.84 — Powers
The Commission may, in carrying out its mandate, direct employees to provide applicants and potential applicants with general information and guidance on applications and each stage of the review…
Section 696.85 — Security requirements
The Commission and its employees must follow established procedures and practices, including any requirement found in a Treasury Board policy or directive, for the secure handling, storage,…
Section 696.86 — Public Service Employment Act
The employees necessary for the proper conduct of the work of the Commission are to be appointed in accordance with the Public Service Employment Act .
Section 696.87 — Annual report
The Chief Commissioner must, within five months after the end of each fiscal year, submit to the Minister a report that contains the following information for that fiscal year: the number of…
Section 697 — Application
Except where section 527 applies, this Part applies where a person is required to attend to give evidence in a proceeding to which this Act applies.
Section 698 — Subpoena
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.…
Section 699 — Who may issue
If a person is required to attend to give evidence before a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction other than a provincial…
Section 700 — Contents of subpoena
A subpoena shall require the person to whom it is directed to attend, at a time and place to be stated in the subpoena, to give evidence and, if required, to bring with him anything that he has in…
Section 700.1 — Video links
If a person is to give evidence under section 714.1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement under an order made under section 22.2 of the Mutual…
Section 701 — Service
Subject to subsection (2), a subpoena shall be served in a province by a peace officer or any other person who is qualified in that province to serve civil process, in accordance with subsection…
Section 701.1 — Service in accordance with provincial laws
Despite section 701, in any province, service of a document may be made in accordance with the laws of the province relating to offences created by the laws of that province.
Section 702 — Subpoena effective throughout Canada
A subpoena that is issued by a provincial court judge or out of a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction has effect anywhere…
Section 703 — Warrant effective throughout Canada
Notwithstanding any other provision of this Act, a warrant of arrest or committal that is issued out of a superior court of criminal jurisdiction, a court of appeal, an appeal court within the…
Section 703.1 — Summons effective throughout Canada
A summons may be served anywhere in Canada and, if served, is effective notwithstanding the territorial jurisdiction of the authority that issued the summons.
Section 703.2 — Service of process on an organization
Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery in the case of a…
Section 704 — Warrant for absconding witness
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…
Section 705 — Warrant if witness does not attend
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…
Section 706 — If witness arrested under warrant
If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or…
Section 707 — Maximum period for detention of witness
No person shall be detained in custody under the authority of any provision of this Act, for the purpose only of appearing and giving evidence when required as a witness, for any period exceeding…
Section 708 — Contempt
A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of…
Section 708.1 — Electronically transmitted copies
A copy of a summons, warrant or subpoena transmitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Act.
Section 709 — 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…
Section 710 — 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…
Section 711 — Admitting evidence of witness who is ill
Where the evidence of a witness mentioned in paragraph 709(1)(a) is taken by a commissioner appointed under section 710, it may be admitted in evidence in the proceedings if it is proved by oral…
Section 712 — 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…
Section 713 — Providing for presence of accused counsel
A judge or provincial court judge who appoints a commissioner may make provision in the order to enable an accused to be present or represented by counsel when the evidence is taken, but failure of…
Section 713.1 — Evidence not excluded
Evidence taken by a commissioner appointed under section 712 shall not be excluded by reason only that it would have been taken differently in Canada, provided that the process used to take the…
Section 714 — Rules and practice same as in civil cases
Except where otherwise provided by this Part or by rules of court, the practice and procedure in connection with the appointment of commissioners under this Part, the taking of evidence by…
Section 714.1 — Audioconference and videoconference — witness in Canada
A court may order that a witness in Canada give evidence by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances,…
Section 714.2 — Videoconference — witness outside Canada
A court shall receive evidence given by a witness outside Canada by videoconference, unless one of the parties satisfies the court that the reception of such testimony would be contrary to the…
Section 714.3 — Audioconference — witness outside Canada
The court may receive evidence given by a witness outside Canada by audioconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including…
Section 714.4 — Reasons
If the court does not make an order under section 714.1 or does not receive evidence under section 714.2 or 714.3, it shall include in the record a statement of the reasons for not doing so.
Section 714.41 — Cessation
The court may, at any time, cease the use of the technological means referred to in section 714.1, 714.2 or 714.3 and take any measure that the court considers appropriate in the circumstances to…
Section 714.5 — Oath or affirmation
The evidence referred to in section 714.2 or 714.3, that is given by a witness who is outside of Canada, shall be given under oath or affirmation in accordance with Canadian law; under oath or…
Section 714.6 — Other laws about witnesses to apply
When a witness who is outside Canada gives evidence under section 714.2 or 714.3, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law,…
Section 714.7 — Costs of technology
Unless the court orders otherwise, a party who calls a witness to give evidence by means of the technology referred to in section 714.1, 714.2 or 714.3 shall pay any costs associated with the use of…
Section 714.8 — Consent
Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by audioconference or videoconference, if the parties so consent.
Section 715 — Evidence at preliminary inquiry may be read at trial in certain cases
Where, at the trial of an accused, a person whose evidence was given at a previous trial on the same charge, or whose evidence was taken in the investigation of the charge against the accused or on…
Section 715.01 — Transcript of evidence
Despite section 715, the transcript of testimony given by a police officer , as defined in section 183, in the presence of an accused during a voir dire or preliminary inquiry held in relation to the…
Section 715.1 — Evidence of victim or witness under 18
In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a…
Section 715.2 — Evidence of victim or witness who has a disability
In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video…
Section 715.21 — Attendance
Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so in person.
Section 715.22 — Provisions providing for audioconference or videoconference
The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is…
Section 715.221 — Reasons
If the court denies a request respecting a person’s appearance or participation by audioconference or videoconference under this Part, it shall include in the record a statement of the reasons for…
Section 715.222 — Cessation
If the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take…
Section 715.23 — Considerations — appearance by audioconference or videoconference
Before making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.231 to 715.241, the court must be of the opinion…