Does Canadian court recognise live link to U.K. in criminal proceedings for a witness in U.K. criminal case. Can they

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Customer: Does Canadian court recognise live link to U.K. in criminal proceedings for a witness in U.K. criminal case. Can they use Canadian court building and can they be compelled
JA: Have any charges been filed? If so, when is the next court date?
Customer: it’s hypothetical for a law degree submission but, yes charges are filef filed*
JA: Have they talked to a lawyer about this yet?
Customer: I’m the hypothetical lawyer. Police are saying they won’t use evidence of witness because they now live in Canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They should know this is hypothetical
Answered by LawyerGreg in 2 hours 1 year ago
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LawyerGreg, Expert

Hello, my name is ***** ***** JustAnswer. Thank you for reaching out. I will be working with you on answering your question today, and I am looking forward to finding the answers for you!

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LawyerGreg, Expert

Please note that I am working from my computer, and responding as quickly as I can to the questions you ask. If I don’t hear back from you for a little bit, I may not be online when you respond! Rest assured I will not abandon you, and I will do everything I can to answer your question.

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LawyerGreg, Expert

To make sure I understand; there is someone in Canada that you would like to have compelled as a witness in the UK, and you are wondering if Canadian court processes can assist with that, including live streaming the witness' testimony. Is that correct?

Customer
Thanks - I hope this is ok, I did explain in my initial enquiry that it is a hypothetical scenario that I am researching for an examination submission. The scenario is that a witness to an alleged assault in U.K. has since moved and now resides in Canada. I am the hypothetical advisor to the prosecution and need to know if Canadian law would support use of video link from Canadian court buildings (for security etc) and if the (theoretical) witness could he compelled. Don't worry if you are not allowed to answer hypothetical questions though!
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LawyerGreg, Expert

I am allowed to answer hypotheticals, no problem there. Let me do a little bit of research here. This is not a question I know the answer of off the top of my head. Bear with me for a little bit!

Customer
Ok great
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LawyerGreg, Expert

Canada will absolutely help with enforcing foreign jurisdictions orders; for example, if the UK courts made an order compelling a witness in Canada to appear, they would assist with that. An application would have to be made to the court to recognize the original order or document from the UK, and then they would assist with enforcing.

As to whether it would be enforcing via a live video stream? While I cannot find legislation indicating that they would for certain, nor case-law indicating if it's been done in the past, I would be astonished if that's something the Canadian courts would not assist with. Ultimately whatever the foreign jurisdiction (in this case, the UK) deems to be reasonable and acceptable for testimony would be how the Canadian courts would assist. We definitely have the technilogical abilities to do so.

So my short answer is yes, I believe that the Canadian courts would assist in both procuring the witness, and in having them appear via live stream.

Customer
Brilliant. Any possibility you could point me to legislation I can cite in that respect.
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LawyerGreg, Expert

S. 34.13 at this link for the UK; https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part34#34.13

Which province do you hypothetically believe this person is located in? That would change the legislation. We don't have a single over-arching piece of legislation dealing with the whole country on that issue unfortunately.

Customer
I haven't been given that info. But I can explain that in my submission . Really helpful - thanks so much
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LawyerGreg, Expert

Glad that I was able to help!

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LawyerGreg, Expert

Thank you for trusting us to help you here at JustAnswer.  If you would like to ask me new questions please start a new post and if you do if you say “For Lawyer Greg Only”, I will be sure to give your post top priority!

Customer
Great. Thanks so much Greg
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LawyerGreg, Expert

No problem!

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