Page 1297 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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physically before the court or tribunal outside Canada, for the purposes of the laws relating to
evidence and procedure but only to the extent that giving the evidence would not disclose infor-
mation otherwise protected by the Canadian law of non-disclosure of information or privilege.
22.4 When a witness gives evidence under section 22.2, the Canadian law relating to con-
tempt of court applies with respect to a refusal by the person to answer a question or to produce
a record or thing as ordered by the judge under that section.
23. (1) The judge who made the order under subsection 18(1) or section 22.2 or another judge
of the same court may issue a warrant for the arrest of the person named in the order where the
judge is satisfied, on an information in writing and under oath, that
(a) the person did not attend or remain in attendance as required by the order or is
about to abscond;
(b) the order was personally served on the person; and
(c) in the case of an order made under subsection 18(1), the person is likely to give ma-
terial evidence and, in the case of an order under section 22.2, the state or entity believes that the
testimony of the person would be relevant to the prosecution of the offence.
(2) A warrant issued under subsection (1) may be executed anywhere in Canada by any peace
officer.
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1)
shall, without delay, bring the person or cause the person to be brought before the judge who
issued the warrant or another judge of the same court who may, to ensure compliance with the
order made under subsection 18(1) or section 22.2, order that the person be detained in custody
or released on recognizance, with or without sureties.
(4) A person who is arrested in execution of a warrant issued under subsection (1) is entitled .
to receive, on request, a copy of the information on which the warrant was issued.
23.1 (1) When the Minister approves a request of a state or entity to examine a place or site in
Canada regarding an offence, including by means of the exhumation and examination of a grave,
the Minister shall provide a competent authority with any documents or information necessary
to apply for an order.
(2) The competent authority that is provided with the documents or information shall apply
ex parte for an order for the examination of place or site to a judge of the province in which the
place or site is located.
(3) An order may include any terms or conditions that the judge considers desirable, including