Criminal Code

Marginal note:Warrant if witness does not attend

• 705 (1) If a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may issue a warrant in Form 17 for the arrest of that person if it is established

  • (a) that the subpoena has been served in accordance with this Part, and

  • (b) that the person is likely to give material evidence.

• Marginal note:Warrant if witness bound by recognizance

  (2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.

• Marginal note:Warrant effective throughout Canada

  (3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) or (2) may be executed anywhere in Canada.

• Marginal note:Witness — warrant endorsement

  (4) A court, judge, justice or provincial court judge that issues a warrant under this section may, by making an endorsement on the warrant in Form 29.1, authorize the release of the person referred to in the warrant, on an undertaking with conditions.

• Marginal note:Conditions — undertaking

  (5) The court, judge, justice or provincial court judge that endorses the warrant must include any conditions of the undertaking that the court, judge, justice or provincial court judge considers necessary to ensure that the person will appear and give evidence in the proceeding.

• Marginal note:Apply to vary undertaking

  (6) The person referred to in subsections (1) or (2) may apply to the court, judge, justice or provincial court judge to vary the undertaking in respect of which they have been released.

• Marginal note:Deeming

  (7) An undertaking that is varied under subsection (6) is deemed to be an undertaking given under section 705.1.