(1) The deposition of any witness called and examined before a judge by and on
behalf of the accused person may, if the accused person so requires, be
admitted as evidence in his or her defence at the trial--
(ii) the witness is willing to
attend the trial, but is unable to bear the expense of attendance.
(2) A
deposition may not be admitted as evidence on the ground referred to in
subsection (1) (b) if the witness has, in due time before the trial, been
subpoenaed by the Crown.