P-2.1 - Act respecting payment of certain witnesses

À jour au 11 décembre 2020

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chapter P-2.1

Act respecting payment of certain witnesses

1990, c. 4, s. 619; 1999, c. 40, s. 204.

1. Subject to the conditions of section 2, when any person is subpoenaed on behalf of the prosecution, or bound by recognizance to give evidence in the Superior Court or the Court of Québec, touching any crime or offence under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or a federal penal law, and appears before such court in obedience to such subpoena or under such recognizance, to give evidence, such court, or a judge thereof, may order the bailiff of the district to pay to such person, out of moneys to be advanced to such bailiff for that purpose out of any unappropriated moneys in the hands of the Minister of Finance, by warrant of the Lieutenant-Governor, such sum as the court or judge certifies him to be entitled to under section 2, as a reasonable allowance for his trouble and loss of time.

The bailiff, upon the production of the said order, shall forthwith pay the said sum and enter such payment in his accounts.

The bailiff to whom any money is advanced under the authority of this Act, shall render an account thereof, with vouchers, and transmit it at such time as the Government shall direct.

R. S. 1964, c. 33, s. 1; 1974, c. 11, s. 2; 1988, c. 21, s. 106; 1990, c. 4, s. 620; 1999, c. 40, s. 204; I.N. 2016-01-01 (NCCP).

2. (1)  The Government shall determine by regulation, for each district, the allowance which each prosecution witness shall receive, according to such special circumstances as it may deem it should take into account.

(2)  Such allowance and such actual travelling expenses shall be paid by the bailiff on the certificate of the clerk of the Court of Québec or the clerk of the Superior Court in criminal matters, as the case may be.

R. S. 1964, c. 33, s. 2; 1992, c. 61, s. 426; 1999, c. 40, s. 204; I.N. 2016-01-01 (NCCP); 2020, c. 29, s. 63.

3. The defendant, in any case that would formerly have been a case of felony, shall not obtain subpoenas for necessary witnesses for his defence without payment of fees, unless upon the order of some judge of the court in which the case is to be tried, or of the prosecuting officer in the case. Such order shall be granted on the sworn deposition of the defendant that he is poor and needy, and that such witnesses are necessary to the defence; and the lawful fees of the proper officer issuing such subpoenas shall then be paid; but no expenses of serving such subpoenas shall be paid out of any public money.

In cases of offences less than those formerly ranked as felonies, no expenses for subpoenas or service of subpoenas on the part of the defendant shall be paid out of any public money, in whatever court such case be tried.

R. S. 1964, c. 33, s. 3.

4. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter P-4 of the Revised Statutes, in force on 1 March 1991, is repealed effective from the coming into force of chapter P-2.1 of the Revised Statutes.