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Re-enter Canada because of SUBPOENA?!

lachococinna

Member
Aug 16, 2019
10
0
I am leaving Canada due to an expired Visitors Visa.
My request for extension got denied.
During my stay, I received a Subpoena from the Justice Court to witness (against crime)!

Am I legally obligated to re-enter Canada to witness?
Will the Subpoena be enough evidence to prove I need to be in Canada?
Should I get a Visa because of the Subpoena?
What happens if don't have the right papers at the right time and miss my court date? Will that intervene with me possibly applying for residency in the future?

Any suggestion will help. Thanks in advance!
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
I am no legal expert but maybe you should contact whomever issued the subpoena or the court directly.

Not advisable at least to make the effort to follow through given not turnng up the outcome could be unpredictable Worst case you could be charged with contempt of court and an arrest warrant issued for you.

Maybe contact professional advice in Canada if all esle fails but start with whomever issued the supeona or the court to see if you can be released formally from the obligation.

Whether having a subpoena for a court appearance would influence getting a TRV approved no idea given you already had an extension refused but doubt you could be forced to return although maybe long term in your interest to make the effort to do so or as said be released from the obligation..

One big question of course would be who would pay for your return expenses whether the case is serious enough for your attedance. Expenses within Canada or locally is one thing but international is something comoletely different,
 
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jddd

Champion Member
Oct 1, 2017
1,517
565
If you are unable to attend your court date, you should be contacting the party now. They can arrange for you to witness via teleconference or other means or may need to rethink even asking you to witness.

Not contacting them would be bad because that is when you are likely to be held in contempt if they move to do so.

No decent lawyer will file a contempt motion knowing you cannot stay in the country. IRCC is under no obligation to give you a visa or allow re-entry because like I said, witnesses can now be examined via teleconference with leave of the judge.
 
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