At Armoured Suits, we help people across Ontario navigate legal challenges, including the kind that come with a subpoena. Here’s what you should know.
What Is a Subpoena?
In simple terms, a subpoena is a legal document that tells you you’re required to show up to court, or in some cases, to bring specific documents with you. It’s not a request—it’s an order. And ignoring it can result in serious consequences, including fines or even jail time.
There are two main types of subpoenas in Canada:
- Subpoena ad testificandum: This one’s about testifying in court. You’re being asked to appear in person and speak about what you know.
- Subpoena duces tecum: This one requires you to bring certain records or documents that are relevant to the case.
Who Can Be Subpoenaed?
The short answer—almost anyone. If you witnessed something, have information that might be useful to the case, or have records that are relevant, you can be subpoenaed.
This could include:
- Eyewitnesses to a crime or incident
- People with specialized knowledge, like doctors or financial experts
- Those in possession of documents or evidence, like business records or personal emails
In criminal cases, subpoenas often come from the Crown or the defence. In civil cases, they might come from one of the lawyers or the court directly.
What Happens When You Receive a Subpoena?
If you receive a subpoena, it will typically be served in person and will spell out where and when you need to be in court, and whether you’re being asked to testify, produce documents, or both. Once you’ve read it over, it’s a good idea to speak with a lawyer—especially if you’re unsure why you’re being called or whether your rights might be affected.
Once served, you are legally required to comply.
What If You Can’t Attend?
If you genuinely cannot attend on the date specified—for example, due to illness or travel—you must contact the lawyer who issued the subpoena or the court immediately. You may be able to request a deferral or exemption, but do not ignore the subpoena. Ignoring it can lead to a warrant for your arrest or charges for contempt of court.
Do You Need a Lawyer?
Not everyone who gets a subpoena needs to have a lawyer, but there are situations where legal advice is strongly recommended:
- If you’re worried about saying something that could get you into trouble
- If the subpoena is asking for confidential or sensitive information
- If you’re unsure why you were called in the first place
- If you’re a professional being asked to release records that fall under privacy laws
At Armoured Suits, we regularly help people in exactly these kinds of situations. A quick consultation can help you understand your rights and your responsibilities—and potentially save you from making a costly mistake.
What Are Your Rights?
Even if the court has ordered you to appear, you’re still protected under the law. Here are a few things to keep in mind:
- You can refuse to answer questions that would incriminate you (this is a Charter right)
- You can bring a lawyer with you
- You may be entitled to a small witness fee and reimbursement for travel expenses
- In some cases, it’s possible to challenge the subpoena, especially if it’s too broad or wasn’t issued properly
Subpoenas in Criminal vs. Civil Court
Subpoenas are common in both criminal and civil proceedings, but how they’re used can vary. In criminal cases, they’re often used to ensure key witnesses show up, especially if there’s a chance they might be reluctant. In civil matters, like personal injury or family law disputes, subpoenas are usually used to gather documents or secure expert testimony.
The Bottom Line
A subpoena isn’t a punishment or accusation—it’s a tool used by the court to ensure they have access to all the relevant information before making a decision.
If you’ve received a subpoena and are unsure about what to do next, contact Armoured Suits. We’ll walk you through it and make sure you’re protected every step of the way.
