Criminal Code of Canada
PART XVIII - PROCEDURE ON PRELIMINARY
INQUIRY - TAKING EVIDENCE OF WITNESSES
540. (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall
(a) take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and
(b) cause a record of the evidence of each witness to be taken
(i) in legible writing in the form of a deposition, in Form 31, or by a stenographer appointed by him or pursuant to law, or
(ii) in a province where a sound recording apparatus is authorized by or under provincial legislation for use in civil cases, by the type of apparatus so authorized and in accordance with the requirements of the provincial legislation.
(2) Where a deposition is taken down in writing, the justice shall, in the presence of the accused, before asking the accused if he wishes to call witnesses,
(a) cause the deposition to be read to the witness;
(b) cause the deposition to be signed by the witness; and
(c) sign the deposition himself.
(3) Where depositions are taken down in writing, the justice may sign
(a) at the end of each deposition; or
(b) at the end of several or of all the depositions in a manner that will indicate that his signature is intended to authenticate each deposition.
(4) Where the stenographer appointed to take down the evidence is not a duly sworn court stenographer, he shall make oath that he will truly and faithfully report the evidence.
(5) Where the evidence is taken down by a stenographer appointed by the justice or pursuant to law, it need not be read to or signed by the witnesses, but, on request of the justice or of one of the parties, shall be transcribed, in whole or in part, by the stenographer and the transcript shall be accompanied by
(a) an affidavit of the stenographer that it is a true report of the evidence; or
(b) a certificate that it is a true report of the evidence if the stenographer is a duly sworn court stenographer.
(6) Where, in accordance with this Act, a record is taken in any proceedings under this Act by a sound recording apparatus, the record so taken shall, on request of the justice or of one of the parties, be dealt with and transcribed, in whole or in part, and the transcription certified and used in accordance with the provincial legislation, with such modifications as the circumstances require mentioned in subsection (1).
(7) A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded.
(8) Unless the justice orders otherwise, no information may be received as evidence under subsection
(7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection.
(9) The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under sub-section (7).
541. (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, where required by this Part, has been read, the justice shall, subject to this section, hear the witnesses called by the accused.
(2) Before hearing any witness called by an accused who is not represented by counsel, the justice shall address the accused as follows or to the like effect:
“Do you wish to say anything in answer to these charges or to any other charges which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.”
(3) Where the accused who is not represented by counsel says anything in answer to the address made by the justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the justice and kept with the evidence of the witnesses and dealt with in accordance with this Part.
(4) Where an accused is not represented by counsel, the justice shall ask the accused if he or she wishes to call any witnesses after sub-sections (2) and (3) have been complied with.
(5) The justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with such modifications as the circumstances require.
Procedure for witness testimony - national proceedings
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