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Inmates Appearing as Witnesses

26. Where, pursuant to a judicial process, an inmate is required to give evidence in judicial proceedings in Canada, whether or not those proceedings are being conducted in the same territorial division as that in which the inmate is confined, the institutional head shall make available the inmate concerned for that purpose if the party to the proceedings that requires the inmate.
 (a)
pays to the institutional head the cost of transportation, maintenance and custody for the inmate while he is absent from the institution pursuant to the process, or
 (b)
where the inmate is required by the Crown, undertakes to provide or to pay the cost of transportation, maintenance and custody for the inmate while he is so absent.