How do we subpoena Canadian criminal records?

[Macrobionic]

My wife needs to subpoena her ex's Canadian criminal records for an order of protection and custody case. We are in New York. We've been told to use a letter rogatory from our court, but we've also been told this won't work because Canada isn't signatory to the relevant 1970 Hague Convention. We've also been told to contact a Canadian attorney and have them serve it. Any help would be appreciated. We need to get them ASAP and haven't been able to figure out how.

 

[Silverplum]

My wife needs to subpoena her ex's Canadian criminal records for an order of protection and custody case. We are in New York. We've been told to use a letter rogatory from our court, but we've also been told this won't work because Canada isn't signatory to the relevant 1970 Hague Convention. We've also been told to contact a Canadian attorney and have them serve it. Any help would be appreciated. We need to get them ASAP and haven't been able to figure out how.

Legally, there is no "we" in this matter. Perhaps that's part of the problem.

Why not contact a Canadian attorney? We only do US law here, and Wife's question goes to Canadian law.

 

[LdiJ]

My wife needs to subpoena her ex's Canadian criminal records for an order of protection and custody case. We are in New York. We've been told to use a letter rogatory from our court, but we've also been told this won't work because Canada isn't signatory to the relevant 1970 Hague Convention. We've also been told to contact a Canadian attorney and have them serve it. Any help would be appreciated. We need to get them ASAP and haven't been able to figure out how.

What your wife wants to do may not be possible. US courts have no jurisdiction to issue subpoenas in Canada. There may be away around that, but if there is, it would involve the courts in Canada, and a Canadian attorney, and likely a US attorney as well. It would also take time.

 

[Macrobionic]

Legally, there is no "we" in this matter. Perhaps that's part of the problem.

Why not contact a Canadian attorney? We only do US law here, and Wife's question goes to Canadian law.

Point taken. I'm pretty involved, so it often becomes "we" in terms of the leg work and effort. I don't see that as part of any problem.

My wife has contacted Canadian attorneys and they've bounced her around. So far they haven't seemed to know how to go about it. So I'm asking, to see if anyone else does.

 

[Silverplum]

Point taken. I'm pretty involved, so it often becomes "we" in terms of the leg work and effort. I don't see that as part of any problem.

My wife has contacted Canadian attorneys and they've bounced her around. So far they haven't seemed to know how to go about it. So I'm asking, to see if anyone else does.

I see it as a problem.

We do US law here.

 

[justalayman]

go for the letters rogatory from the US court. Then secure an attorney practicing in the area you need to act and have them take it from there.

so yes, it will involve a Canuck attorney and if you do not know how to dance the dance here in the US, a US attorney as well.

and understand, the Canadian court is not obligated to comply with the request.

 

[Macrobionic]

go for the letters rogatory from the US court. Then secure an attorney practicing in the area you need to act and have them take it from there.

so yes, it will involve a Canuck attorney and if you do not know how to dance the dance here in the US, a US attorney as well.

and understand, the Canadian court is not obligated to comply with the request.

Thanks for your help and for being helpful.

 

[single317dad]

Someone at the Office of International Affairs, Department of Justice may be able to assist, but be aware that you would have to happen across some helpful soul that would offer advice out of the kindness of their heart, as that office does not deal in civil matters. It's just a shot in the dark that's worth a phone call.

http://www.justice.gov/criminal/about/oia.html