Legal system question pertaining to expenses by a witness for the prosecution

[Rerun]

If a person has been issued a subpoena (by the prosecution) to appear in court in a city in Ontario and that person lives in Calgary, will the court reimburse said person for all travel, accomodation, and meal expenses?

The subpoena states that said person must be in court on March 5... I assume that is when the trial starts, not the date that said person will probably have to testify. This is a murder trial so I assume the trial will take some time (accused is pleading not guilty). Once the witness has testified, can they leave and return home to Calgary, even though the trial probably won't be over?

Will the witness be out of pocket for wages he will lose while he is in Ontario or will the courts reimbures him for that?

[Flabbibulin]

There is an interprovincial subpoena act that covers this very thing...

http://www.e-laws.gov.on.ca/html/sta...es_90i12_e.htm

The witness fees and travelling expenses required to be given to the witness upon service of an interprovincial subpoena shall be a sum of money, or sum of money together with valid travel warrants, sufficient to satisfy the following requirements:

1. The fare for transportation by the most direct route via public commercial passenger carrier between the witness' place of residence and the place at which the witness is required to attend in court, in accordance with the following rules:

If the journey or part of it can be made by air, rail or bus, that portion of the journey shall be by airline, rail or bus by tourist class or equivalent class via carriers on which the witness can complete his total journey to the place where he is required to attend in court on the day before his attendance is required.
If railway transportation is necessary for part of the journey and sleeping accommodation would normally be obtained for such a journey, the fare for sleeping accommodation shall be included.

In the calculation of the fare for transportation, the most rapid form of transportation by regularly scheduled carrier shall be accorded priority over all other forms.

If the material which the witness is required to produce in court is of such weight or size as to attract extra fares or charges, the amount so required shall be included.

2. The cost of hotel accommodation for not less than three days at the place where the witness is required to attend in court, in an amount not less than sixty dollars.

3. The cost f meals for the total journey and for not less than three days at the place where the witness is required to attend in court, an amount not less than forty-eight dollars.

4. In addition to the amounts described above, an allowance of twenty dollars for each day of absence from the ordinary residence of the witness, and the witness shall be paid on account of this allowance not less than sixty dollars.

[Hockeyguy15]

I'm sure you will get some sort of reimbursement...I doubt you get covered for lost wages, some employers will give you your pay if you are on jury duty so they might also cover being a witness.

[VladtheImpaler]

Just call the Crown and ask if they will arrange transportation and hotel, and whether you will get your meal money up front or will have to submit receipts.

[Locke]

Just be sure to look the murderer in the eye when you point him out in court.

Matlock will protect you!

[Boblobla]

I need more information about the history of this question.

[Rerun]

How long does a murder trial usually last?
He's been charged with 1st/2nd degree murder (not sure how he can be charged with both... doesn't it have to be one or the other?)
Anyways... he did it... no dispute about it.. the accused is arguing that it is manslaughter.

The witness isn't sure that his testimony will really be of any value (wasn't there when it happened... was in Calgary.... accused lived in Calgary and travelled to Ontario where he committed crime 1 day after arriving)... but for some reason prosecution subpoena'd (sp?) him.
Witness would really like to get out of testifying... what are the chances of that... seems like a lot of expense for not much value.

[Hockeyguy15]

Well he can not go and be charged with contempt if he wants.

Tell him to man up and go.

[jar_e]

I'm actually surprised the crown hasn't contacted the witness in person to cover the cost aspect but also the whole process and what questions to expect. The crown should also provide better dates on when to be there, as the trail will probably be a couple of weeks.

[Maritime Q-Scout]

If you're testifying against the mob get the money up front and book your own travel. That way you can fly first class on the way over, because you know without a doubt you'll be going cargo on the way back.

[afc wimbledon]

Call the crown, you might even be able to testify via video if it is a reletively minor point in the trial.

[Rerun]

Originally Posted by Hockeyguy15

Well he can not go and be charged with contempt if he wants.

Tell him to man up and go.

Of course he'll go if he has to... maning up has nothing to do with it ya doofus..


What concerns him is the time off work without pay (approx $300/day)...
Would you want to travel thousands of miles to just to sit in a hallway (for God knows how many days) to give your 5 minutes of relatively insignificant testimony?

[Rerun]

Originally Posted by afc wimbledon

Call the crown, you might even be able to testify via video if it is a reletively minor point in the trial.

Thats what he's hoping will happen. He's called the crown but they haven't returned his phone call. The crown hasn't contacted him at all about this. The only call he received was from the local police who asked him to come down to the station and when he go there he was given the subpoena.

[afc wimbledon]

Originally Posted by Rerun

Thats what he's hoping will happen. He's called the crown but they haven't returned his phone call. The crown hasn't contacted him at all about this. The only call he received was from the local police who asked him to come down to the station and when he go there he was given the subpoena.

Call them and leave them a 'I'm not sure I can get there' message, they will call back pronto.

[CaptainCrunch]

Further question, if I'm being paid to whack a prosecution witness in a murder trial, can I write off my travel and expenses being as how I'm an "independant contractor"?

[VladtheImpaler]

Originally Posted by CaptainCrunch

Further question, if I'm being paid to whack a prosecution witness in a murder trial, can I write off my travel and expenses being as how I'm an "independant contractor"?

Are you declaring your income?

[Rerun]

Originally Posted by CaptainCrunch

Further question, if I'm being paid to whack a prosecution witness in a murder trial, can I write off my travel and expenses being as how I'm an "independant contractor"?

I think you can do this on your taxes... but you have to make sure you keep all your receipts in case you're audited.

[CaptainCrunch]

Originally Posted by VladtheImpaler

Are you declaring your income?

Through my concrete and excavation business.

[VladtheImpaler]

Originally Posted by CaptainCrunch

Through my concrete and excavation business.

Well, as long as you are prudent enough to arrange meetings regarding concrete and excavation while in Ontario, you should be in the clear to claim the expenses relating to disappearing Rerun. Ask Locke to make sure.

[Rerun]

Originally Posted by VladtheImpaler

Well, as long as you are prudent enough to arrange meetings regarding concrete and excavation while in Ontario, you should be in the clear to claim the expenses relating to disappearing Rerun. Ask Locke to make sure.

Whoa! Lets hold our horses here!

Doesn't the Captain need a business license to excavate and poor concrete in Ontario!!!

If he doesn't have that how can he take the job and claim his expenses??!