43(1)Where a judge is satisfied that a person is able to give material evidence either for the prosecution or for the defence in proceedings under this Act, the judge may issue a summons to witness in prescribed form requiring the person to attend to give evidence and to bring any writings or things referred to in the summons.

43(1.1)On application by the defendant or the prosecutor in prescribed form no later than ten days before the date fixed for trial, a judge may issue a summons to witness in prescribed form requiring a witness in or outside the Province to attend to give evidence by means of technology that permits the witness to testify in the virtual presence of the judge and the defendant and prosecutor, if

43(1.2)A summons to witness issued under subsection (1.1) may require the witness to whom it is issued to bring any writing or things referred to in the summons.

43(1.3)The costs associated with the use of technology when giving evidence in accordance with a summons to witness issued under subsection (1.1) shall be borne by the person who made the application under that subsection for the witness to give evidence by means of the technology.

43(1.4)Before issuing a summons to witness under subsection (1.1), a judge shall revoke any existing summons to witness issued under subsection (1) to the witness with respect to the trial.

43(2)A person who is served with a summons to witness shall attend at the time and place stated in the summons to give evidence and, if required by the summons, shall bring any writing or other thing of which the person has possession or control that relates to the subject-matter of the proceedings.

43(3)A person who is served with a summons to witness, other than a summons to witness issued under subsection (1.1), shall remain in attendance during the trial and the trial as resumed after adjournment from time to time unless the person is excused from attendance by the judge.

43(4)Every person who, being required under this section to attend at a time and place stated in a summons to witness or to remain in attendance at a trial, fails without lawful excuse to attend or remain in attendance commits a category F offence.

43(5)A certificate, in prescribed form, of a judge who issued a summons to witness under this section stating that a person failed to attend or to remain in attendance is admissible in evidence and is proof, in the absence of evidence to the contrary, of the fact without proof of the appointment, authority or signature of the judge appearing to have signed the certificate.

43(1)Where a judge is satisfied that a person is able to give material evidence either for the prosecution or for the defence in proceedings under this Act, the judge may issue a summons to witness in prescribed form requiring the person to attend to give evidence and to bring any writings or things referred to in the summons.

43(2)A person who is served with a summons to witness shall attend at the time and place stated in the summons to give evidence and, if required by the summons, shall bring any writing or other thing of which the person has possession or control that relates to the subject-matter of the proceedings.

43(3)A person who is served with a summons to witness shall remain in attendance during the trial and the trial as resumed after adjournment from time to time unless the person is excused from attendance by the judge.

43(4)Every person who, being required under this section to attend or remain in attendance at a trial, fails without lawful excuse to attend or remain in attendance commits a category F offence.

43(5)A certificate, in prescribed form, of the judge before whom a person is alleged to have failed to attend or to remain in attendance stating that the person failed to attend or to remain in attendance is admissible in evidence as prima facie proof of the fact without proof of the authority, signature or appointment of the judge appearing to have signed the certificate.