criminal-law
Canadian witness/suspect in an American crime
<p>If Montana police want to question a Canadian citizen about a crime committed in the US, could the Canadian be compelled to cooperate?</p>

<p>This assumes the Canadian is in Canada and is unwilling to testify because if those two facts are not the case, then there is no reason to be asking a question. </p>

<p>The US is a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (aka the Evidence Convention). Unfortunately for you, Canada is not. Nor is Canada a party to the Inter-American treaty dealing with the same issue. </p>

<p>Thus, when a potential witness is unwilling to cooperate, you must rely on <a href="https://travel.state.gov/content/travel/en/legal-considerations/judicial/obtaining-evidence/preparation-letters-rogatory.html" rel="nofollow noreferrer">letters rogatory</a>. This is, by the way, how you would go about obtaining evidence in any foreign country not party to a treaty on the taking of evidence with the United States. The process of executing this can be costly and lengthy (a year or more perhaps). The reason for that is because this is done via diplomatic channels in the interest of preserving international comity (goodwill, friendly relations between countries) where a relevant treaty and process does not exist. </p>

<p>You should include in any letters rogatory:
- a statement saying that in the interest of justice a request is being made for international judicial assistance
- a summary of the case, including identification of parties and the claim(s) and relief sought
- type of case
- the sort of assistance you would like (do you want testimony? document production? service of process?)
- name, address, title, etc., of the person from which you are seeking to collect this from
- list of questions you intend to ask
- statement from requesting court (where the litigation is filed) expressing the court’s agreement to reciprocate this sort of assistance if such occasion should arise
- statement from requesting court or party that costs incurred fulfilling this request will be reimbursed </p>

<p>It must be signed by a judge. Then, along with relevant fees which can be found under the Schedule of Fees at 22 CFR 22.1, send your request to:</p>

<p>ATTN: Judicial Assistance Officer<br>
US Department of State<br>
Office of Legal Affairs, (CA/OCS/L)<br>
SA-17, 10th Floor<br>
2201 C St. NW<br>
Washington, DC 20522  </p>

<p>Include a cover letter with the details outlined on the State Dept.’s website.</p>

<p>Then, the State Department will transmit the request to the Canadian authorities through diplomatic channels. Then, the foreign court will send the executed request back to the State Department and you will be notified. </p>

<p>NOTE: please check the State Dept.’s website and/or consult an attorney if you move forward with this. The above is fairly detailed but should not be considered legal advice nor should it be relied upon in your legal proceeding. </p>

<p><a href="https://www.linkedin.com/pulse/20141008173150-304587-planning-an-international-deposition-guidelines-for-attorneys" rel="nofollow noreferrer">Also note:</a> the exact procedures will vary by jurisdiction and I’m not sure where in Canada may be relevant to you. That said, in some civil law countries, the foreign judge may end up questioning the witness with the US attorneys submitting written questions to the judge. Just a heads up there, too. </p>
