News Release Archive

Justice Minister Bill Gillis today introduced the Interprovincial
Subpoena Act. The act is designed to recognize and enforce
subpoenas from other jurisdictions with reciprocal legislation.
Under the act a subpoena can be obtained in Nova Scotia and 
enforced in another province with similar legislation.

The Interprovincial Subpoena Act has previously been adopted in
every other common law province in Canada and the Yukon. Once a
subpoena has been obtained in Nova Scotia, it is sent (along with
witness fees and travelling expenses) to a court in a
reciprocating jurisdiction for enforcement. These fees and
expenses would be set by regulation.

The act will provide assistance in compelling the appearance of
necessary witnesses in legal matters. Definitions of court differ
across jurisdictions. In Nova Scotia, a court is defined to
include a board, commission, tribunal, or other body that is
designated in regulation. Should another jurisdiction have a more
narrow definition of court, a subpoena issued by a board,
commission, tribunal or other similar body may not always be

"This is an important piece of legislation." said Dr. Gillis.
"Its passage has been urged by the commissioner of the Westray
Inquiry. However, the commission is well aware there is
uncertainty respecting enforcement of subpoenas in other
provinces where the definition of court does not include
designated boards, commissions, tribunals or other bodies."


Contact: Michele McKinnon  902-424-6811

trp                   Mar. 29, 1996 - 11:15 a.m.