CHAPTER THREE
Procedure
PART IV
SUMMARY PROCEEDINGS
Sub-Part A - Trial of Summary Offences
Witnesses
Bringing up inmate to testify
679. The provisions of section 791 apply, with such modification as may be necessary for the purpose of securing the attendance of a person confined in any correctional facility, who is required to give evidence at the hearing of any charge for a summary offence.
Issue of summons to witness
680. If, either before or on the hearing of any complaint, it appears to the Magistrate, on the statement of the complainant or the defendant or otherwise, that any person is likely to give material evidence for the complainant or for the defendant, the Magistrate may issue a summons requiring the person to appear before the Court at the time stated in the summons, to give evidence respecting the case, and to bring with him or her any documents or things relating thereto which may be in his or her possession, power or control.
Service of summons
681. The provisions of sections 786, 787 and 789 shall apply, with such modifications as may be necessary, to the service and proof of service of summons on a witness in summary proceedings.
Warrant for witness disobeying summons or avoiding service
682. Where a person summoned as a witness without reasonable excuse fails to appear before the Court at the time specified in the summons, then after the proof upon oath that the summons was duly served on him or her or that he or she willfully avoided service, if the Court is satisfied by proof upon oath that the person is likely to give material evidence, it may issue a warrant to bring him or her before the Court, at the time stated in the warrant, in order to testify.
Warrant for witness in first instance, when
683. If the Magistrate is satisfied by evidence upon oath that any person likely to give material evidence whether for the complainant or for the defendant, will not attend to give evidence without being compelled to do so, he or she may issue a warrant to compel the attendance of that person.
Bringing up arrested witness
684. If the hearing of the case for which his or her evidence is required is fixed for a time which is more than seventy-two hours after the arrest, a witness arrested under a warrant, except for disobedience to a summons issued under section 682, shall be taken before a Magistrate, and the Magistrate may on his or her furnishing security by recognizance, to the satisfaction of the Magistrate, for his or her appearance at the hearing, order him or her to be released from custody, or shall, on his or her failing to furnish such security, order him or her to be detained to appear at the hearing.
Liability of witness to attend adjourned sitting
685. Every witness who is present when the hearing of a case is adjourned, who has been duly notified of the time and place to which the hearing or further hearing is adjourned, shall be bound to attend at such time and place, and if he or she defaults, may be dealt with as if he or she had failed to appear before the Court in obedience to a summons to give evidence.
Procedure for witness testimony - national proceedings
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