Practice Note #11 –
Witnesses and the Procedure for Obtaining a Subpoena
Practice Note #11 – Witnesses and the Procedure for Obtaining a Subpoena PDF (171KB)
1. Purpose
The purpose of this Practice Note is to guide testimony during hearings and set out the procedure for obtaining a subpoena to ensure the presence of a witness at a hearing.
2. Background
The Tribunal can hear witnesses during the hearing for the purpose of receiving evidence. A person testifies for one party only if that person consents to it or is assigned to testify by way of a subpoena issued by the Tribunal.
The Tribunal therefore has the power to summon as witnesses people with knowledge of the facts related to the case before the Tribunal on the dates, times and places indicated in the notice of hearing. People may also be summoned to bring and produce all the documents, books or exhibits in their possession that are useful to the case.
3. Statement
Witnesses
It is the responsibility of each party to make arrangements with the person(s) they would like to appear and testify on their behalf.
The witness must:
- provide evidence that is relevant to the case;
- swear or affirm that the evidence they are about to give is the truth; and
- be courteous to the other party and to the Tribunal’s members and employees at all times.
When the witness is unable to meet these requirements, they may be asked to step down from the witness box and cease providing testimony.
Obtaining a subpoena
The party requesting a subpoena must provide the Tribunal, at least 15 days prior to the hearing date, with the following information, in writing:
- The full name of the person summoned to appear before the Tribunal, that person’s profession, occupation or the company position and contact information;
- The specific information that the witness is to disclose;
- A brief statement of how the proposed witness’s information (written, oral or demonstrative) is relevant to the proceedings; and
- A short rationale as to why it is necessary to secure the attendance of the proposed witness.
When the required conditions are met, the Tribunal will issue the summons to appear, duly signed, to the party that made the request.
Service and payment
For a subpoena to have legal effect, two other conditions must be met by the requesting party:
- The subpoena must be properly served on the subject person; and
- The witness must receive witness fees as set by Tariff A of the Federal Courts Rules, for his or her attendance and travel expenses.
Unless there are exceptional circumstances, the witness must be served at least 14 days prior to the hearing. It is the responsibility of the party requesting the subpoena to take the necessary measures to serve the person being summoned and to retain proof of service.
The party that requires a subpoena is responsible for determining the applicable witness fees, in accordance with Tariff A of the Federal Courts Rules, and to complete the summons accordingly. In case of disagreement with one of the proposed witnesses regarding the applicable fees, the party may ask for the Tribunal’s opinion.
4. Approval
Practice Note #11 is approved by the Tribunal’s Chairperson on September 28th, 2020.
Luc Bélanger
Chairperson
Canada Agricultural Review Tribunal