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Uluslararası Adli İşbirliği
EVIDENCE FOR USE ABROAD
17. (1) When the Minister approves a request of a state or entity to obtain, by means of an
order of a judge, evidence regarding an offence, the Minister shall provide a competent authority
with any documents or information necessary to apply for the order.
(2) The competent authority who is provided with the documents or information shall apply
ex parte for an order for the gathering of evidence to a judge of the province in which the com-
petent authority believes part or all of the evidence may be found.
18. (1) A judge to whom an application is made under subsection 17(2) may make an order for
the gathering of evidence, where he is satisfied that there are reasonable grounds to believe that
(a) an offence has been committed; and
(b) evidence of the commission of the offence or information that may reveal the whe-
reabouts of a person who is suspected of having committed the offence will be found in Canada.
(2) An order made under subsection (1) must provide for the manner in which the evidence
is to be obtained in order to give effect to the request mentioned in subsection 17(1) and may
(a) order the examination, on oath or otherwise, of a person named therein, order the
person to attend at the place fixed by the person designated under paragraph (c) for the exami-
nation and to remain in attendance until he is excused by the person so designated, order the
person so named, where appropriate, to make a copy of a record or to make a record from data
and to bring the copy or record with him, and order the person so named to bring with him any
record or thing in his possession or control, in order to produce them to the person before whom
the examination takes place;
(b) order a person named therein to make a copy of a record or to make a record from
data and to produce the copy or record to the person designated under paragraph (c), order the
person to produce any record or thing in his possession or control to the person so designated
and provide, where appropriate, for any affidavit or certificate that, pursuant to the request, is to
accompany any copy, record or thing so produced;
(c) designate a person before whom the examination referred to in paragraph (a) is to
take place or to whom the copies, records, things, affidavits and certificates mentioned in parag-
raph (b) are to be produced; and
(d) order a person named in it to answer any question and to produce any record or
thing to the person designated under paragraph (c) in accordance with the laws of evidence and
procedure in the state or entity that presented the request.
(3) For greater certainty, under paragraph 2)(c), a judge who makes an order under subsection
(1) may designate himself or herself — either alone or with another person, including another
judge — or may designate another person, including another judge.