Page 1295 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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questions or to produce certain records or things to the person designated under paragraph 18(2)
(c) may be continued, unless a ruling has already been made on the objection under paragraph
18(8)(a), if a court of the state or entity or a person designated by the state or entity determines
that the reasons are not wellfounded and the state or entity so advises the Minister.
(4) No person named in an order made under subsection 18(1) whose reasons for refusing to
answer a question or to produce a record or thing are determined, in accordance with subsection
(3), not to be well-founded, or whose objection has been ruled against under paragraph 18(8)
(a), shall, during the continued execution of the order or ruling, refuse to answer that question or
to produce that record or thing to the person designated under paragraph 18(2)(c), except with
the permission of the judge who made the order or ruling or another judge of the same court.
R.S., 1985, c. 30 (4th Supp.),
21. No record or thing that has been ordered under section 20 to be sent to the state or entity
mentioned in subsection 17(1) shall be so sent until the Minister is satisfied that the state or entity
has agreed to comply with any terms or conditions imposed in respect of the sending abroad of
the record or thing.
22. (1) A person named in an order made under subsection 18(1) commits a contempt of court
if the person refuses to answer a question or to produce a record or thing to the person designa-
ted under paragraph 18(2)(c) after a judge has ruled against the objection under paragraph 18(8)
(a).
(2) If no ruling has been made under paragraph 18(8)(a), a person named in an order made
under subsection 18(1) commits a contempt of court if the person refuses to answer a question
or to produce a record or thing to the person designated under paragraph 18(2)(c)
(a) without giving the detailed statement required by subsection 18(9); or
(b) if the person so named was already asked the same question or requested to produ-
ce the same record or thing and the reasons on which that person based the earlier refusal were
determined not to be wellfounded by
(i) a judge, if the reasons were based on the Canadian law of non-disclosure of
information or privilege, or
(ii) a court of the state or entity or by a person designated by the state or entity, if
the reasons were based on a law that applies to the state or entity.
22.1 (1) If the Minister approves a request of a state or entity to compel a person to provide
evidence or a statement regarding an offence by means of technology that permits the virtual
presence of the person in the territory over which the state or entity has jurisdiction or that
permits the parties and the court to hear and examine the witness, the Minister shall provide a