INTRODUCTION AND BRIEF DESCRIPTION
A subpoena must be served in person according to paragraph 699(2)(b) of the Criminal Code of Canada.
SECTION WORDING
701(2) A subpoena that is issued pursuant to paragraph 699(2)(b) shall be served personally on the person to whom it is directed.
EXPLANATION
One strategic consideration when dealing with Section 490.015(2) of the Criminal Code of Canada is to carefully assess the circumstances of the individual who is subject to more than one order made under section 490.012 or section 227.01 of the National Defence Act. It is important to gather all relevant information about the nature and severity of the offenses committed by the individual, as well as their current situation and conduct. Another strategic consideration is to determine whether the individual is likely to comply with the conditions of a termination order. This may involve assessing the individual's level of risk and the likelihood of reoffending, as well as their overall level of cooperation and willingness to adhere to the conditions imposed by the court. One strategy that could be employed in dealing with Section 490.015(2) is to work closely with legal counsel and other professionals who have experience in dealing with criminal law and the process of obtaining termination orders. This may involve engaging a criminal lawyer or consulting with experts in the field of risk assessment and behavioral analysis. Another strategy could be to gather evidence and documentation that demonstrates the individual's rehabilitation and efforts to change their behavior. This may include obtaining testimonials from family members, employers, and other community members who have observed the individual's positive changes and contributions. It may also be beneficial to explore alternative sentencing options that could provide the individual with the necessary support and resources to continue their rehabilitation and prevent future offending. This could include community service, restorative justice programs, or specialized treatment programs. Ultimately, the goal of dealing with Section 490.015(2) should be to balance the interests of justice, public safety, and individual rights and freedoms. By carefully considering the circumstances and employing strategic approaches, it may be possible to successfully obtain a termination order and support the individual's successful reintegration into society.
COMMENTARY
Section 701(2) of the Criminal Code of Canada outlines the process of serving a subpoena under paragraph 699(2)(b). This provision is important because it ensures that individuals who are required to appear in court as a witness or produce evidence cannot avoid their legal obligation by simply ignoring a subpoena that has been left at their door or sent by mail. Instead, a subpoena must be personally served on the individual to ensure that they are aware of their obligation to appear in court. The requirement for personal service of a subpoena is not unique to Canada; it is a common practice in many jurisdictions around the world. The rationale behind this requirement is that personal service ensures that the individual has been given proper notice and has had the opportunity to ask questions or seek legal advice if necessary. It also helps to protect the integrity of the legal system by ensuring that individuals cannot evade their responsibilities as a witness or their obligation to produce evidence in a court proceeding. It is worth noting that subsection 701(3) sets out certain exceptions to the requirement for personal service. For example, if the person is willing to accept service by mail, fax, or electronic means, they may do so. Alternatively, if it is impractical to serve the subpoena personally, a judge may allow for substituted service (e.g. by leaving it with a family member or employer). Overall, Section 701(2) of the Criminal Code of Canada is a critical provision in ensuring that individuals comply with their legal obligations as witnesses or producers of evidence in court proceedings. Personal service of a subpoena helps to protect the integrity of the legal system and ensures that individuals cannot evade their responsibilities. It is important for individuals who are involved in court proceedings to be aware of the requirements surrounding subpoenas to ensure that they are compliant with the law and avoid any potential legal consequences.
STRATEGY
Section 701(2) of the Criminal Code of Canada sets out the rules for serving a subpoena in criminal proceedings. A subpoena is a legal document that requires a person to provide testimony or evidence in court. Under this section, a subpoena must be personally served on the person to whom it is directed. This means that the document must be delivered directly to the individual, and cannot be left at their home or place of work. There are a number of strategic considerations that may arise when dealing with this section of the Criminal Code. One important consideration is the timing of the subpoena. In some cases, it may be advantageous to serve the subpoena early in the legal process, before the individual has had a chance to consult with legal counsel or prepare their testimony. This can make it more difficult for the witness to coordinate with other parties in the case or to develop a strong defense. However, serving the subpoena too early could also result in the witness forgetting important details or becoming less credible over time. Another important consideration is the manner in which the subpoena is served. In order to comply with Section 701(2), the subpoena must be personally served on the individual. This can be challenging if the individual is difficult to locate or is actively avoiding service. In these situations, it may be necessary to hire a process server or work with law enforcement to ensure that the subpoena is delivered. In addition, legal counsel must consider whether it is in their client's best interests to have the witness testify. While a subpoena can compel a witness to appear in court, it cannot force them to provide testimony that may incriminate themselves or others. If the testimony would be harmful to the defense, it may be better to avoid calling the witness altogether. Finally, legal counsel must consider the potential consequences of failing to comply with Section 701(2). If the subpoena is not properly served, the court may be unable to compel the witness to appear or provide testimony. This could result in a weaker case or even a lost trial. As a result, it is important to ensure that all legal procedures, including the service of subpoenas, are followed correctly. In terms of strategies that could be employed, one approach may be to work with a professional process server or investigator who has experience locating and serving difficult-to-reach individuals. Another strategy could be to coordinate with law enforcement or other parties involved in the case to ensure that the subpoena is delivered efficiently and effectively. Additionally, legal counsel may need to negotiate with the witness or their counsel in order to secure their cooperation or minimize the harm of their testimony. Overall, Section 701(2) of the Criminal Code of Canada sets out an important requirement for serving subpoenas in criminal proceedings. While complying with this section can be challenging, it is essential for ensuring that the legal process proceeds effectively and efficiently. By carefully considering the strategic implications of Section 701(2), legal counsel can work to ensure that all legal procedures are followed correctly and that their client's interests are protected.