Interprovincial Subpoenas Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.I-9
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by Miscellaneous Statute Law Amendment Act, 2017
- s.3 amended by Miscellaneous Statute Law Amendment Act, 2017
- s.4 amended by Miscellaneous Statute Law Amendment Act, 2017
- s.6 amended by Miscellaneous Statute Law Amendment Act, 2017
- s.7 amended by Miscellaneous Statute Law Amendment Act, 2017
- s.7 amended by Miscellaneous Statute Law Amendment Act, 2021
- s.8 amended by Miscellaneous Statute Law Amendment Act, 2017
- s.8 amended by Miscellaneous Statute Law Amendment Act, 2021
- None.
Definitions
1.In this Act,
"court" means
(a) any court in the Northwest Territories, a province or another territory,
(b) a territorial judge in the Northwest Territories or Yukon or a magistrate in a province having the power to issue subpoenas,
(c) any board, tribunal, commission, committee or other body in the Northwest Territories, a province or another territory having the power to issue a subpoena, and
(d) a coroner in the Northwest Territories, a province or another territory having the power to issue a subpoena; (tribunal)
"issuing jurisdiction" means the province or territory from which a subpoena is issued; (province ou territoire d’origine)
"subpoena" means a subpoena, warrant, summons or other document issued by a court compelling, commanding or requiring a person to attend as a witness before that court. (subpoena) SNWT 2017,c.20,s.4(2).
Application
2.This Act does not apply to a subpoena that is issued in respect of a criminal offence under an Act of Canada.
Adoption of subpoena
3.(1) The Supreme Court shall receive and adopt as an order of the Supreme Court a subpoena issued by a court outside the Northwest Territories if
(a) the subpoena is accompanied by a certificate signed by a judge of a superior, county or district court of the issuing jurisdiction and sealed with the seal of that court, stating that, on hearing and examining the applicant, the judge is satisfied that the attendance in the issuing jurisdiction of the person subpoenaed
(i) is necessary for the adjudication of the proceeding in respect of 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 administration of justice in that jurisdiction; and
(b) the subpoena is accompanied by the prescribed witness fees and travelling expenses.
(2) A certificate referred to in paragraph (1)(a) may be in the prescribed form or in a similar form. SNWT 2017,c.20,s.4(3).
Restriction
4.The Supreme Court shall not receive and adopt a subpoena under section 3 unless the law of the issuing jurisdiction has a provision similar to section 7 providing absolute immunity to a resident of the Northwest Territories who is required to attend as a witness in that jurisdiction from all proceedings of the nature set out in section 7 and within the jurisdiction of the legislature of that jurisdiction except those proceedings grounded on events occurring during or after the required attendance of the person in that jurisdiction. SNWT 2017,c.20,s.4(3).
Failure to comply with subpoena
5.A person is in contempt of court and subject to the punishment that the Supreme Court may impose who
(a) has been served with a subpoena adopted under section 3;
(b) has been given the prescribed witness fee and travelling expenses not less than 20 days, or a shorter period that the judge of the court in the issuing jurisdiction indicates in his or her certificate, before the date the person is required to attend in the issuing court; and
(c) fails without lawful excuse to comply with the subpoena.
Examination
6.(1) Where a party to a proceeding in a court in the Northwest Territories causes a subpoena to be issued for service in a province or another territory, the party may attend on a judge of the Supreme Court who shall hear and examine the party or his or her counsel.
(2) On an examination under subsection (1), where the judge is satisfied that the attendance in the Northwest Territories of the person required as a witness
(a) is necessary for the adjudication of the proceeding in which the subpoena has been issued, and
(b) in relation to the nature and importance of the proceedings, is reasonable and essential to the administration of justice in the Northwest Territories,
the judge shall sign a certificate in the prescribed form in and cause the certificate to be sealed with the seal of the Supreme Court.
(3) The certificate referred to in subsection (2) must be attached to or endorsed on the subpoena in respect of which it is issued. SNWT 2017, c.20,s.4(3),(4).
Immunity
7.A person required to attend before a court in the Northwest Territories by a subpoena adopted by a court outside the Northwest Territories
(a) shall be deemed, while within the Northwest Territories for the purpose for which the subpoena was issued, not to be subject to the jurisdiction of the courts of the Northwest Territories other than as a witness in the proceedings in which he or she is subpoenaed; and
(b) is 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 except proceedings grounded on events occurring during or after the required attendance of the person in the Northwest Territories.
Additional fees and expenses
8.(1) A person who is required to attend before a court in the Northwest Territories by a subpoena adopted by a court outside the Northwest Territories may request the court to order additional fees and expenses to be paid in respect of his or her attendance as a witness.
(2) Where the court is satisfied that the amount of fees and expenses previously paid to a person referred to in subsection (1) in respect of his or her attendance is insufficient, the court may order the party who obtained the subpoena to pay the person without delay the additional fees and expenses that the court considers sufficient.
(3) Amounts paid pursuant to an order made under subsection (2) are disbursements in the cause. SNWT 2017, c.20,s.4(5); SNWT 2022,c.4,s.13.
Regulations
9.On the recommendation of the Minister, the Commissioner may make regulations that the Commissioner considers necessary for carrying out the provisions of this Act according to their true nature and intent and, without limiting this power to make regulations, may make regulations
(a) prescribing the form of the certificate referred to in subsections 3(2) and 6(2);
(b) prescribing additional forms to be used for the purposes of this Act; and
(c) prescribing fees and travelling expenses for witnesses.