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| Patrick Ducharme |
Section 709 provides for making application to take commission evidence of a witness not likely to be able to attend at the time of trial because of either physical disability arising out of illness, or some other good or sufficient cause. An order may also be made when the proposed witness is out of Canada.
709(1): 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
(a) is, by reason of
(i) physical disability arising out of illness, or
(ii) any other good and sufficient cause,
not likely to be able to attend at the time the trial is held; or
(b) is out of Canada.
(2) A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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