GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 21.03
21.03 (1) Service of the notice of application under this rule and the supporting materials required by rule 21.04 shall be made on the prosecutor or accused, as the case may be, in accordance with rule 5, at least 2 clear days prior to the date fixed for the hearing of the application. Filing with Proof of Service (2) The notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 1 day before the date fixed for the hearing of the application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 21.05
21.05 The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 11, and a judge may grant such order without the attendance of solicitors.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 21.06
21.06 (1) An order directing the release of exhibits for the purpose of a scientific test or other examination under s. 605(1) of the Code and this rule shall be in Form 11. Sufficiency of Order (2) An order in Form 11 shall be sufficient authority for the person with custody of the exhibit to be tested or examined to release the exhibit for such purpose and thereafter to regain custody thereof in accordance with its terms.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22.01
22.01 This rule applies to applications on behalf of an accused or the prosecutor to change the venue of trial under subsection 599(1) of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22.02
22.02 Applications under rule 22.01 shall be made to a judge of the court in the county, district or region in which the trial is scheduled to be held upon the indictment, either before or as soon as is reasonably practicable after the accused has been ordered to stand trial.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22.03
22.03 The notice of application in Form 1 shall include a statement of the territorial division in which it is proposes that the trial proceedings be held.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22.04
22.04 (1) Service of the notice of application under rule 22.03 and the supporting materials required by rule 22.05 shall be made upon the prosecutor or accused, as the case may be, in accordance with rule 5, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial in the territorial division where the trial is scheduled to be held. Filing with Proof of Service (2) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22.05
22.05 (1) The notice of application in Form 1 under rule 22.03 shall be accompanied by: (a) an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2); (b) where the application is made under paragraph 599(1)(b) of the Code , an affidavit by or on behalf of the competent authority who has directed that no jury be summoned at the time and place appointed for trial, deposing to the matters described in subrule (3); and (c) a draft order in which is proposed an alternative place and, where applicable, time of trial. Affidavit of or on Behalf of the Applicant (2) The affidavit of or on behalf of the applicant required by paragraph (1)(a) shall contain: (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence; (b) where the basis of the application under paragraph 599(1)(a) of the Code is prejudicial news media reporting of the matter to be tried, a full statement respecting the time, place, date and name of the relevant account or report, together with a description of the extent of its circulation or coverage in the county or district from which prospective jurors would ordinarily be drawn; (c) as exhibits, legible copies or transcripts of the media accounts which constitute the basis of the application; and, (d) a statement of the reasons why the trial should be held in the territorial division proposed, rather than in some other territorial division different than that in which the offence would otherwise be tried. Affidavit of Competent Authority (3) The affidavit by or on behalf of the competent authority described in paragraph (1)(b) shall contain: (a) a statement of the reasons why no jury is to be summoned at the time appointed for the accused’s trial in the territorial division where the trial is scheduled to be held; (b) a statement of the date upon which the next jury is to be summoned in the territorial division where the trial is scheduled to be held; and (c) a statement of the dates upon which jurors are to be summoned at the time appointed for trial and prior to the date described in paragraph (b) in other territorial divisions within the same region as described in O. Reg. 705/89. Factums Required (4) Factums complying with rule 33 are required in applications under this rule. SI/2014-5, ss. 9(E), 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22.06
22.06 The respondent may consent in writing to the order sought upon terms included in the draft order filed under paragraph 22.05(1)(c) and a judge, where satisfied that the requirements of subsection 599(1) of the Code have been met, may grant the order on such terms without the attendance of solicitors. SI/2014-5, s. 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 23.01
23.01 This rule applies to applications under subsection 527(1) of the Code to procure the attendance of a person who is confined in a prison and under subsection 527(7) of the Code to transfer a prisoner to the custody of a peace officer to assist a peace officer acting in the execution of his duties.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 23.02
23.02 (1) Applications under subsection 527(1) of the Code and rule 23.01 shall be made to a judge of the court in the county, district or region in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the required attendance to ensure that no adjournment of the proceedings will be required for such purpose. Applications for Transfer from Custody (2) Applications under subsection 527(7) of the Code and rule 23.01 shall be made to a judge of the court in the county, district or region to which the prisoner is to be transferred or in which the prisoner is incarcerated.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 23.03
23.03 The notice of application and supporting materials shall be filed in the office of the clerk of the court in the place where the application is to be determined, as soon as is reasonably practicable, before the date on which the application is to be determined.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.01
24.01 This rule applies to applications on behalf of an accused or the prosecutor for an order appointing a commissioner to take the evidence of a witness under section 709 of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.02
24.02 Applications made under rule 24.01 shall be made to a judge of the court in the county, district or region in which the trial is being or is scheduled to be held, either before or as soon as is reasonably practicable after the trial date has been fixed.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.03
24.03 A notice of application in Form 1 under rule 24.01 shall include a statement whether the presence of the accused is required upon the taking of the evidence and whether the proceedings on commission are to be videotaped.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.04
24.04 Service of the notice of application under rule 24.03 and the supporting materials required by rule 24.05 shall be made upon the prosecutor or accused, as the case may be, at least 30 days before the date fixed for the hearing of the application and not less than 60 days before the date fixed for trial upon the indictment.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.06
24.06 The respondent may consent in writing to the order sought upon terms included in a draft order in Form 14 filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of solicitors.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.07
24.07 (1) Where an order is made that the evidence of a witness may be taken by a commissioner, the judge granting the order may determine: (a) the time and place of the examination; (b) the minimum notice period required; (c) the name of the commissioner; (d) the witness fee, if any, to be paid to the witness whose evidence is to be taken by the commissioner; and, (e) any other matter respecting the holding of the examination including the presence of the accused and his or her solicitor of record upon such commission and payment of those expenses of the commission which are to be borne by the applicant. Commission and Letter of Request (2) Where the witness is to be examined outside Ontario, the order under subrule (1) shall, upon the request of the applicant, provide for the issuing of: (a) a commission in Form 14 authorizing the taking of evidence before a named commissioner; and, (b) a letter of request in Form 15 directed to the judicial authorities of the jurisdiction in which the proposed witness is to be found, requesting the issuing of such process as is necessary to compel the witness to attend and be examined before the commissioner, and the order shall be in Form 16. (3) The commission and letter of request shall be prepared and issued by the clerk. Duties of Commissioner (4) A commissioner shall, to the extent that it is possible to do so, conduct the examination in the form of oral questions and answers in accordance with these rules, the law of evidence applicable to criminal trials and the terms of the commission, unless some other form of examination is required by the order or the law of the place where the examination is conducted. (5) As soon as the transcript of the examination is prepared, the commissioner shall: (a) return the commission, together with the original transcript and exhibits, to the clerk who issued it; (b) keep a copy of the transcript and, where practicable, the exhibits; and, (c) notify the parties who appeared at the examination that the transcript is complete and has been returned to the clerk who issued the commission. Applicant to Serve Transcript (6) The clerk shall send the transcript to the solicitor of record for the applicant or the applicant, as the case may be, who shall forthwith serve every other party with the transcript free of charge.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.08
24.08 (1) Before being examined, the witness shall take an oath or make an affirmation or, where the conditions of s. 16(3) of the Canada Evidence Act have been met, make a promise to tell the truth, and, where the examination is conducted in Ontario, the oath or affirmation shall be administered by the commissioner or by another person authorized to administer oaths in Ontario, or where the conditions of s. 16(3) of the Canada Evidence Act have been met, the promise to tell the truth shall be made to that person. Examination Outside Ontario (2) Where the examination is conducted outside Ontario, the oath or affirmation may be administered by or the promise to tell the truth made to the person before whom the examination is conducted, a person authorized to administer oaths in Ontario or a person authorized to take affidavits or administer oaths or affirmations in the jurisdiction where the examination is conducted.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.09
24.09 (1) Where the witness does not understand the language or languages in which the examination is to be conducted or is deaf or mute, a competent and independent interpreter shall, before the witness is examined, take an oath or make an affirmation to interpret accurately the administration of the oath or affirmation and the questions to and answers of the witness. Supply of Interpreter (2) Where an interpreter is required by subrule (1) for the examination of a witness, unless the interpretation is from English to French or from French to English in which case the interpreter shall be provided by the Attorney General, the applicant shall provide an interpreter satisfactory to the parties.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.10
24.10 (1) The witness shall bring to the examination and produce for inspection all documents and things in his or her possession, control or power that are not privileged and that the process compelling attendance requires the person to bring. Process May Require Documents and Things (2) The process which compels the attendance of a witness may require the witness to bring to the examination and produce for inspection: (a) all documents and things relating to any matter in issue in the proceeding that are in his or her possession, control or power and are not privileged; or, (b) such documents or things described in paragraph (a) as are specified in the process compelling attendance, unless the commissioner orders otherwise in the interests of justice. Duty to Produce Other Documents (3) Where a witness, on examination upon a commission, admits that he or she has possession or control of or power over any other document that relates to a matter in issue in the proceeding and is not privileged, the witness shall produce it for inspection by the examining party forthwith, if the person has the document at the examination, and if not, within two days thereafter, unless the commissioner orders otherwise in the interests of justice. SI/2014-5, s. 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.11
24.11 (1) The solicitor of record for the applicant shall examine the witnesses whose evidence is to be taken upon commission, in-chief, in accordance with the rules of evidence which would apply at trial. Cross-Examination (2) After examination in-chief by the solicitor of record for the applicant has been concluded, the solicitor of record for the respondent may cross-examine the witness in accordance with the rules of evidence which would apply at trial. Re-Examination (3) After cross-examination has been completed, the solicitor of record of the applicant may re-examine the witness in accordance with the rules of evidence which would apply at trial.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.12
24.12 (1) Where objection is taken to a question, the objector shall state briefly the reason for the objection, and the question and the brief statement concerning the objection shall be recorded. Rulings on Answers Under Objection (2) A question to which objection is taken may be answered with the objector’s consent, and where the question is answered, a ruling shall be obtained from the trial judge before the evidence is used at trial. Rulings on Answers Not Given (3) A ruling on the propriety of a question to which objection is made and an answer not given may be obtained from the trial judge.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.13
24.13 A commissioner who is not the trial judge may make rulings with respect to the conduct of an examination, other than a ruling on the propriety of a question, but the ruling of a commissioner who is not the trial judge is subject to review by the trial judge.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.14
24.14 All evidence taken by a commissioner shall be recorded in its entirety in question and answer form in a manner that permits the preparation of a typewritten transcript of the examination, unless the court orders otherwise in accordance with rule 2.01 or the parties agree otherwise.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.15
24.15 (1) Where a party so requests, the person who recorded evidence taken upon commission shall have a typewritten transcript of the evidence prepared and completed within four weeks after receipt of the request. Certification (2) The transcript shall be certified as correct by the person who recorded the evidence taken, but need not be read to or signed by the witness. Delivery to Other Parties and Court (3) As soon as the transcript is prepared, the person who recorded the evidence taken on commission shall send one copy to each party who has ordered and paid for a transcript and, if a party so requests for it, shall provide an additional copy for the use of the court.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.16
24.16 The judge presiding at the trial at which the evidence taken upon commission is tendered for admission shall determine the extent to which and manner in which, if at all, the evidence shall be received in the proceedings.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24.17
24.17 (1) On consent of the parties or by order of the court, evidence taken on commission may be recorded by videotape or other similar means and the tape or other recording may be filed for the use of the court along with the transcript. Application of Rule 24.16 (2) Rule 24.16 applies, with necessary modifications, to a tape or other recording made under subrule (1).
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 25.01
25.01 This rule applies to applications by the solicitor of record for an accused to be removed as solicitor of record, and to applications by the prosecutor to have the solicitor of record for an accused removed as solicitor of record.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 25.02
25.02 Applications under rule 25.01 shall be made to a judge of the court in the county or district in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the scheduled date of trial to ensure that no adjournment of the proceedings will be required for such purpose, or, where the matter arises at trial, to the trial judge.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 25.03
25.03 (1) Service of the notice of application under rule 25.03 and the supporting materials required by rule 25.05 shall be made upon the prosecutor and accused, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial of the indictment to which the application relates. Manner of Service (2) Service of the notice of application and supporting materials shall be made in accordance with rule 5 and where the application is made by the solicitor of record for the accused, upon the accused by mailing a copy to his or her last known address. Filing with Proof of Service (3) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 25.04
25.04 (1) The notice of application in Form 1 under this rule shall be accompanied by an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2). Affidavit by or on Behalf of the Applicant (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain: (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence and their anticipated length; (b) particulars of any prior applications, whether on behalf of the accused or the prosecutor, to have the solicitor of record for the accused removed as solicitor of record, including, where available, transcripts of proceedings taken upon such applications; (c) where the application is made by the solicitor of record for an accused or on behalf of an accused, a full statement of all facts material to a determination of the application, including without disclosing any solicitor client communication in respect of which solicitor client privilege has not been waived, a statement of the reasons why the order sought should be given; (d) where the application is made by or on behalf of the prosecutor, a full statement of all facts material to a determination of the application, including a statement of the reasons why the order sought should be given; (e) a statement whether an adjournment of trial proceedings is likely or will be required to enable the accused to retain and instruct a new solicitor of record to proceed to trial and, if so, when it is proposed that trial proceedings shall commence; and, (f) where applicable, a statement of the identity of the new solicitor of record and his or her undertaking to proceed to trial or other disposition on the date specified under paragraph (e). Factum May be Required (3) A judge may require that factums complying with rule 33 be filed on applications under this rule. SI/2014-5, s. 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 25.05
25.05 The respondent or accused may consent in writing to the order sought upon terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of solicitors.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 26.01
26.01 This rule applies to applications on behalf of an accused or the prosecutor for an order adjourning trial proceedings, after a date has been fixed for trial, but prior to commencement of the trial.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 26.02
26.02 Applications under rule 26.01 shall be made to a judge of the court in the county or district in which the trial is scheduled to be held upon the indictment, after the matters giving rise thereto have arisen, whether before or after the trial date has been fixed.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 26.03
26.03 (1) Service of the notice of application under this rule and the supporting materials required by rule 26.05 shall be made upon the prosecutor or accused, as the case may be, in accordance with rule 5, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial. Filing with Proof of Service (2) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.