Page 1293 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1281
Kanunları ve Tercümeleri
(4) An order made under subsection (1) may be executed anywhere in Canada.
(5) An order made under subsection (1) may include any terms or conditions that the judge
considers desirable, including those relating to the protection of the interests of the person na-
med therein and of third parties.
(6) The judge who made the order under subsection (1) or another judge of the same court
may vary its terms and conditions.
(7) A person named in an order made under subsection (1) may refuse to answer any question
or to produce a record or thing to the person designated under paragraph (2)(c) if
(a) answering the question or producing the record or thing would disclose informati-
on that is protected by the Canadian law of nondisclosure of information or privilege;
(b) requiring the person to answer the question or to produce the record or thing wo-
uld constitute a breach of a privilege recognized by a law in force in the state or entity that pre-
sented the request; or
(c) answering the question or producing the record or thing would constitute the com-
mission by the person of an offence against a law in force in the state or entity that presented the
request.
(8) If a person refuses to answer a question or to produce a record or thing, the person desig-
nated under paragraph (2)(c)
(a) may, if he or she is a judge of a Canadian or foreign court, make immediate rulings
on any objections or issues within his or her jurisdiction; or
(b) shall, in any other case, continue the examination and ask any other question or
request the production of any other record or thing mentioned in the order.
(9) A person named in an order made under subsection (1) who, under subsection (7), refuses
to answer one or more questions or to produce certain records or things shall, within seven days,
give to the person designated under paragraph (2)(c), unless that person has already ruled on
the objection under paragraph (8)(a), a detailed statement in writing of the reasons on which the
person bases the refusal to answer each question that the person refuses to answer or to produce
each record or thing that the person refuses to produce.
(10) A person named in an order made under subsection (1) is entitled to be paid the travel
and living expenses to which the person would be entitled if the person were required to attend
as a witness before the judge who made the order.
19. (1) A person designated pursuant to paragraph 18(2)(c) in an order made under subsecti-
on 18(1) shall make a report to the judge who made the order or another judge of the same court,