S 683 Criminal Code does not allow for compelling of a person to give a voice (or other) sample

R. v. Karimi, 2014 ONCA 133:

[5]          The provision refers to the production of existing material and not to the creation of material that may assist an expert in formulating his or her opinion on an issue that may ultimately be germane to the appeal proceedings.  In other words, we think s. 683(1)(a) is limited to the production of an existing writing, exhibit or "other thing" connected to the proceeding.

[6]          Section 683(1)(b) provides that the court can order that any person who is a compellable witness "attend and be examined".  That section refers to an order that compels a person to attend qua witness for the purpose of answering questions or producing other kinds of evidence relevant to the proceeding.  The section does not contemplate compelling a person to attend not as a witness, but for the purposes of assisting in the creation of material that may be used by an expert in the formulation of his or her opinion.

[7]          We are satisfied that we have no power to make the order sought under s. 683(1).  The motion is dismissed and we need not address the question of whether the making of the order would be in the interests of justice if we had the power.