Interprovincial Subpoenas Forms Regulations

Regulation
Registration
R-046-91
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Interprovincial Subpoenas Act

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.

Contents
1. 1 2. 2 SCHEDULE FORM 1 (Sections 1 and 2)

The Commissioner, on the recommendation of the Minister, under section 9 of the Interprovincial Subpoenas Act, R.S.N.W.T. 1988, c. I-9 and every enabling power, makes the Interprovincial Subpoenas Forms Regulations.

FORMS REGULATIONS

1.

The prescribed form of the certificate referred to in subsection 3(2) of the Interprovincial Subpoenas Act is set out in Form 1 of the Schedule.

2.

The prescribed form of the certificate referred to in subsection 6(2) of the Interprovincial Subpoenas Act is set out in Form 1 of the Schedule.

SCHEDULE

FORM 1 (Sections 1 and 2)

INTERPROVINCIAL SUBPOENAS ACT

CERTIFICATE

I, ....................................................., a judge of the Supreme Court of the Northwest Territories, certify that I have (name of judge) heard and examined ................................................................................................ who seeks to compel the attendance (name of applicant party or his or her counsel) of ................................................. to produce documents or other articles or to testify, or both, in a proceeding in the (name of witness) Northwest Territories in the ............................................................................ styled .................................................... (name of court in which witness is to appear) (style of proceeding)

I further certify that I am persuaded that the appearance of ....................................................... as a witness in the (name of witness) proceeding is necessary for the due adjudication of the proceeding and, in relation to the nature and importance of the proceeding, is reasonable and essential to the due administration of justice in the Northwest Territories.

The Interprovincial Subpoenas Act makes the following provision for the immunity of ............................... : (name of witness)

"7. A person required to attend before a court in the Territories by a subpoena adopted by a court outside the Territories (a) shall be deemed, while within the Territories for the purpose for which the subpoena was issued, not to be subject to the jurisdiction of the courts of the 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 Territories."

Dated at ............................................ on .........................................

(Seal of the Court)

............................................................... (signature of Judge) Territorial Printer, Northwest Territories Yellowknife, N.W.T./1997©