News Release Archive
JUSTICE--INTERPROVINCIAL SUBPOENA ACT INTRODUCED ----------------------------------------------------------------- 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 enforced. "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." -30- Contact: Michele McKinnon 902-424-6811 trp Mar. 29, 1996 - 11:15 a.m.