INTRODUCTION AND BRIEF DESCRIPTION
A subpoena can only be issued by a judges order on application by a party to the proceedings in a superior court of criminal jurisdiction.
SECTION WORDING
699(3) A subpoena shall not be issued out of a superior court of criminal jurisdiction pursuant to paragraph (2)(b), except pursuant to an order of a judge of the court made on application by a party to the proceedings.
EXPLANATION
Section 699(3) of the Criminal Code of Canada specifies the process for issuing a subpoena in criminal proceedings. It outlines that a subpoena cannot be issued by a superior court of criminal jurisdiction based on the authority provided under paragraph 2(b) unless an order is obtained from a judge of the court on an application made by a party to the proceedings. A subpoena is a legal document that requires a witness to provide testimony or present evidence in court. It is a crucial tool for the prosecution and defence in criminal trials, as it allows them to compel witnesses to attend court and testify under oath. Paragraph 2(b) of section 699 provides the authority to issue a subpoena in criminal proceedings. However, to prevent any abuse of this power, section 699(3) requires that a judge of the court must approve the subpoena on an application made by a party to the proceedings. This subsection ensures that the issuance of a subpoena is subject to judicial scrutiny. It ensures that the parties to the proceedings do not misuse the subpoena process for any ulterior motive, such as harassing or intimidating witnesses. In summary, section 699(3) of the Criminal Code of Canada provides an additional safeguard to the subpoena process in criminal proceedings. It ensures that only the appropriate authorities can issue a subpoena and that it is subject to judicial oversight to prevent any abuse.
COMMENTARY
Section 699(3) of the Criminal Code of Canada deals with the issuance of subpoenas in criminal proceedings. A subpoena is a legal document that commands an individual to appear in court as a witness or to produce evidence relevant to a criminal investigation or trial. According to this section, a subpoena cannot be issued by a superior court of criminal jurisdiction unless a judge has granted an order on an application by a party to the proceedings. This means that a party to a criminal trial cannot simply issue a subpoena on their own accord; they must first seek the approval of a judge. This provision serves an important purpose in preventing abuse of the subpoena power. Subpoenas have the potential to cause significant disruptions to the daily lives of the individuals being summoned, especially if they are required to travel long distances or take time off work. Issuing a subpoena without proper judicial oversight and consideration of the relevance and necessity of the evidence risks imposing undue burden on individuals and wasting valuable court resources. Furthermore, requiring parties to seek a judge's order before issuing a subpoena helps to ensure that the evidence being sought is relevant and necessary to the proceedings. This helps to prevent parties from engaging in fishing expeditions or using subpoenas as a means of harassment or intimidation. It also ensures that the court's time and resources are being used in a focused and efficient manner. Overall, Section 699(3) of the Criminal Code of Canada plays an important role in ensuring that the power to issue subpoenas is not abused in criminal proceedings. By requiring judicial oversight and limiting the circumstances under which subpoenas can be issued, this provision helps to ensure that the evidence presented in court is relevant, probative and obtained in a fair and just manner.
STRATEGY
Section 699(3) of the Criminal Code of Canada imposes specific requirements related to the issuance of a subpoena in a criminal trial. If you are involved in a criminal proceeding, it is important to understand this section of the Criminal Code and to develop a strategic plan for dealing with it. One key consideration is the timing of the application for the subpoena. Section 699(3) requires that an application for a subpoena must be made to a judge of the court. This means that the subpoena cannot be issued by the court without such an order. In practice, this means that you will need to make the application well in advance of the date when the subpoena is needed. Another important consideration is the grounds for the application. Section 699(3) states that the subpoena must be issued "on application by a party to the proceedings." This means that you must have a valid reason for requesting the subpoena. For example, you may need to compel a witness to testify or to provide certain documents. In making the application, you will need to provide evidence to the court to support your request for the subpoena. This may involve presenting witness statements or other evidence to show why the subpoena is necessary. One strategy that could be employed when dealing with this section of the Criminal Code is to work closely with a criminal lawyer who has experience in handling these types of cases. A lawyer can help you to understand the legal requirements for issuing a subpoena and can assist you in preparing the necessary documents and evidence. Another strategy is to be well-prepared and organized when making the application for the subpoena. This may involve gathering all of the necessary evidence and documents in advance, and presenting a clear and compelling case to the judge. Ultimately, the key to success when dealing with section 699(3) of the Criminal Code is to be proactive, organized, and strategic in your approach. By working closely with a criminal lawyer and being well-prepared, you can increase your chances of obtaining a subpoena that meets the legal requirements and is effective in supporting your case.