Editorial Annotation
Taking evidence
Statutory Text
540(1) Where an accused is before a justice holding a preliminary inquiry, the justice shall (a) take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and (b) cause a record of the evidence of each witness to be taken (i) in legible writing in the form of a deposition, in Form 31, or by a stenographer appointed by him or pursuant to law, or (ii) in a province where a sound recording apparatus is authorized by or under provincial legislation for use in civil cases, by the type of apparatus so authorized and in accordance with the requirements of the provincial legislation.