The Interprovincial Subpoena Act

The Interprovincial Subpoena Act, C.C.S.M. c. S212 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Adoption of interprovincial subpoena 3 Immunity by law of other province 4 Failure to comply with adopted subpoena 5 Proceedings in Manitoba 6 No submission to jurisdiction 7 Order for additional witness fees and expenses 8 Non-application of Act Schedule A Witness Fees and Travelling Expenses B Interprovincial Subpoena Act — Certificate HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "court" means any court in a province of Canada, and where a magistrate in a province of Canada has the power to issue a subpoena, includes a magistrate in that province; (« tribunal ») "subpoena" means a subpoena or other document issued by a court requiring a person within a province other than the province of the issuing court to attend as a witness before the issuing court. (« subpoena ») Adoption of interprovincial subpoena 2(1) A court in Manitoba shall receive and adopt as an order of the court a subpoena from a court outside Manitoba if (a) the subpoena is accompanied by a certificate signed by a judge of a superior, county or district court of the issuing province and impressed with the seal of that court, signifying that, upon hearing and examining the applicant, the judge is satisfied that the attendance in the issuing province of the person subpoenaed (i) is necessary for the due adjudication of the proceeding in which the subpoena is issued, and (ii) in relation to the nature and importance of the cause or proceeding is reasonable and essential to the due administration of justice in that province; and (b) the subpoena is accompanied by the witness fees and travelling expenses in accordance with Schedule "A". Form of certificate 2(2) The certificate to which reference is made in clause (1)⁠(a) may be in the form set out in Schedule "B" or in a form to the like effect. Immunity by law of other province 3 A court in Manitoba shall not receive a subpoena from another province under section 2 unless the law of that other province has a provision similar to section 6 providing absolute immunity to a resident of Manitoba who is required to attend as a witness in the other province from all proceedings of the nature set out in section 6 and within the jurisdiction of the Legislature of that other province except only those proceedings grounded on events occurring during or after the required attendance of the person in the other province. Failure to comply with adopted subpoena 4 Where a person who has been served with a subpoena adopted under section 2 and given the witness fee and travelling expenses in accordance with Schedule "A" not less than 10 days, or such shorter period as the judge of the court in the issuing province may indicate in the judge's certificate, before the date the person is required to attend in the issuing court, fails without lawful excuse to comply with the order, the person is in contempt of court and subject to such penalty as the court may impose. Proceedings in Manitoba 5(1) Where a party to a proceeding in any court in Manitoba causes a subpoena to be issued for service in another province in Canada, the party may attend upon a judge of the Court of King's Bench who shall hear and examine the party or the party's counsel, if any, and, upon being satisfied that the attendance in Manitoba of the person required in Manitoba as a witness (a) is necessary for the due adjudication of the proceeding in which the subpoena or other document has been issued; and (b) in relation to the nature and importance of the proceeding, is reasonable and essential to the due administration of justice in Manitoba; shall sign a certificate which may be in the form set out in Schedule "B" and shall cause the certificate to be impressed with the seal of the court. Certificate to be attached to and endorsed on subpoena 5(2) The certificate shall be either attached to or endorsed on the subpoena. No submission to jurisdiction 6 A person required to attend before a court in Manitoba by a subpoena adopted by a court outside Manitoba shall be deemed, while within Manitoba not to have submitted to the jurisdiction of the courts of Manitoba other than as a witness in the proceedings in which the person is subpoenaed and shall be absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the Legislature of Manitoba except only those proceedings grounded on events occurring during or after the required attendance of the person in Manitoba. Order for additional witness fees and expenses 7 Where a person is required to attend before a court in Manitoba by a subpoena adopted by a court outside Manitoba the person may request the court to order additional fees and expenses to be paid in respect of their attendance as a witness and the court, if it is satisfied that the amount of fees and expenses previously paid to the person in respect of their attendance is insufficient, may order the party who obtained the subpoena to pay the person forthwith such additional fees and expenses as the court considers sufficient, and amounts paid pursuant to an order made under this section are disbursements in the cause. Non-application of Act 8 This Act does not apply to a subpoena that is issued with respect to a criminal offence under an Act of Parliament. SCHEDULE A WITNESS FEES AND TRAVELLING EXPENSES The witness fees and travelling expenses required to be given to the witness upon service of an interprovincial subpoena shall be a sum of money or a sum of money together with valid travel warrants, sufficient to satisfy the following requirements: 1. The fare for transportation by the most direct route via public commercial passenger carrier between the witness' place of residence and the place at which the witness is required to attend in court, in accordance with the following rules: (a) if the journey or part of it can be made by air, rail or bus, that portion of the journey shall be by airline, rail or bus by tourist class or equivalent class via carriers on which the witness can complete their total journey to the place where they are required to attend in court on the day before their attendance is required; (b) if railway transportation is necessary for part of the journey, and sleeping accommodation would normally be obtained for such a journey, the fare for sleeping accommodation shall be included; (c) in the calculation of the fare for transportation, the most rapid form of transportation by regularly scheduled carrier shall be accorded priority over all other forms; and (d) if the material which the witness is required to produce in court is of such weight or size as to attract extra fares or charges, the amount so required shall be included. 2. The cost of hotel accommodation for not less than three days at the place where the witness is required to attend in court, being an amount not less than $60. 3. The cost of meals for the total journey and for not less than three days at the place where the witness is required to attend in court, being an amount not less than $48. 4. In addition to the amounts described above, an allowance of $20. for each day of absence from the ordinary residence of the witness, and the witness shall be paid for not less than three days on account of this allowance being an amount not less than $60. SCHEDULE B INTERPROVINCIAL SUBPOENA ACT CERTIFICATE I, ______, (name of judge) a judge of the _______ (name of superior, county or district court) certify that I, have heard and examined _______ (name of applicant party or their counsel) who seeks to compel the attendance of _______ (name of witness) to produce documents or other articles or to testify, or both, in a proceeding in Manitoba in the _______ (name of court in which witness is to appear) style _______ (style of cause or proceeding). I further certify that I am satisfied that the appearance of _______ (name of witness) as a witness in the proceeding is necessary for the due adjudication of the proceeding, and, in relation to the nature and importance of cause or proceeding, is reasonable and essential to the due administration of justice in Manitoba. The Interprovincial Subpoena Act of Manitoba makes the following provision for the immunity of _______ (name of witness). A person required to attend before a court in Manitoba by subpoena adopted by a court outside Manitoba shall be deemed, while within Manitoba not to have submitted to the jurisdiction of the courts of Manitoba other than as a witness in the proceedings in which the person is subpoenaed and shall be absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the Legislature of Manitoba except only those proceedings grounded on events occurring during or after the required attendance of the person in Manitoba. DATED this ____ day of ______, 20__. (seal of court) ______________________