C-25.01 - Code of Civil Procedure

Section 497 Disposition versions

2021-01-01

497. A person resident in another province or in a territory of Canada may be called to attend at court as a witness. The witness’s testimony is heard at a distance unless it is established to the satisfaction of the court that attendance in person is necessary or possible without any major inconvenience to the witness.

The court issues a certificate in keeping with the model established by the Minister of Justice and with the requirements of the law of the witness’s place of residence if it is established that the witness’s attendance at court is necessary to resolve the matter regarding which the witness is called to attend. The subpoena, together with the advance on the witness indemnity and the certificate, must be homologated and notified in accordance with the law of the witness’s place of residence.

During the period in which the witness is present to attend at the court, the witness is deemed not to be subject to the jurisdiction of Québec courts otherwise than as a witness in the matter regarding which the witness was called to attend at court. Furthermore, the witness enjoys immunity that prohibits notifying pleadings to, undertaking execution measures against and compelling or imprisoning the witness under Québec law, unless it results from a fact that occurred during that period.

A defaulting witness resident outside Québec, unless the person is in Québec at the time of the default, may only be punished by the court of their residence, on the face of the certificate of default issued by the court seized.

2014, c. 1, a. 497; 2020, c. 12, s. 61.

2016-01-01

497. A person resident in another province or in a territory of Canada may be called to attend at court as a witness. The witness’s testimony is heard at a distance unless it is established to the satisfaction of the court that attendance in person is necessary or possible without any major inconvenience to the witness. An advance on the witness indemnity and allowances must accompany the subpoena.

However, such a witness may only be called on an express order of the court endorsed on the subpoena, which must be notified in accordance with the law of the witness’s place of residence.

A defaulting witness resident outside Québec, unless the person is in Québec at the time of the default, may only be punished by the court of their residence, on the face of the certificate of default issued by the court seized.

2014, c. 1, a. 497.