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Versions of s. 278.3(5)

C-46 — Criminal Code · 4 versions · View current text

Historical text comes from the Justice Laws point-in-time corpus and is unofficial — not the official version.

  1. 2026-07-18 to present available View Source
    TheIf accusedthe shalljudge, serveprovincial court judge or justice is satisfied that the application onwas themade prosecutor,in onaccordance thewith personsubsection who(2), hasthat possessiona or controlcopy of the record,application onwas the complainant or witness, as the case may be, and on any other person to whom,given to the knowledgeprosecutor and filed with the clerk of the accused, the record relates,court at least 60 days before the hearing referred to in subsection 278.4(1)previously or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice.justice, Theand accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control ofthat the record ator therapeutic record, or the samepart timeof asit, sought to be adduced is capable of being admissible, the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.31 to determine whether the evidence is served.admissible under subsection 278.29(2).
    Full text

    If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the clerk of the court at least 60 days previously or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice, and that the record or therapeutic record, or the part of it, sought to be adduced is capable of being admissible, the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.31 to determine whether the evidence is admissible under subsection 278.29(2).

  2. 2018-12-13 to present View Source
    The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 1460 days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.
    Full text

    The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 60 days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.

  3. 2015-07-23 to 2018-12-13 View Source
    The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least seven14 days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.
    Full text

    The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 14 days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.

  4. 2003-01-01 to 2015-07-23 View Source

    The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least seven days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.