Can a subpoena duces tecum protect Charter rights?
Ontario, Canada
The following excerpt is from R. v. V.I., 2008 CanLII 36164 (ON SC):
However, in Juman v. Douctte, supra, Binnie J. recognized, at para. 57, that testimony or documents obtained through the issuance of a subpoena duces tecum may not adequately protect Charter rights and that these values may need to be addressed by a trial judge to determine what use may be made of this material at trial.
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