GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 14.06
Cross-examination on affidavits 14.06 (1) Subject to the Code or any other applicable statute or rule of law, a person who has sworn or affirmed an affidavit may be cross-examined on the affidavit at the hearing of a motion with leave of the presiding judge. Authority not affected (2) Nothing in these rules is to be construed so as to affect the authority of the judge who is hearing a motion to receive evidence through the examination of witnesses.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 15.01
Application 15.01 Rules 15.02 to 15.07 apply if the constitutional validity or constitutional applicability of any enactment or common law rule is challenged or an application is made for a remedy under subsection 24(1) of the Charter.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 15.02
Notice of motion 15.02 (1) An application under rule 15.01 must be commenced by filing a notice of motion in Form 5 of the schedule. Time limits set by judge (2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials. Scheduling conference to set hearing dates (3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 15.03
Contents of notice of motion 15.03 The notice of motion must state the matters set out in rule 14.03 and state whether the applicant seeks to have the motion heard in advance of the trial.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 15.04
Timing of hearing of motion 15.04 A responding party to the motion may file a notice of motion requesting a determination as to whether the matter can be heard in advance of the trial or should be deferred until a later stage in the trial.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 15.05
Filing and serving affidavit and other documents 15.05 An applicant must file and serve on all other interested parties any affidavit or documentary evidence on which the applicant intends to rely within the time limits set by the pre-trial conference judge or the case management judge.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 15.06
Applicant’s brief and book of authorities 15.06 (1) The applicant must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge. Respondent’s brief and book of authorities (2) The respondent must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 15.07
Interventions 15.07 (1) A person may seek leave to intervene in an application if the constitutional validity or applicability of a law is challenged. Granting of leave to intervene (2) The judge presiding over the proceeding or, if a judge has not yet been assigned, another judge of the Court may grant leave to intervene if he or she is satisfied that (a) the person has an interest in the issue before the Court; (b) the person will make submissions that are different than those of the other parties; and (c) the intervention will not unduly delay or prejudice the determination of the rights of the parties. Order (3) An order granting leave to intervene may be granted on any terms that the judge determines are just.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 16.01
Applications 16.01 Rules 16.02 to 16.05 apply if a party seeks to exclude evidence under subsection 24(2) of the Charter.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 16.02
Contents of notice of motion 16.02 An application to exclude evidence must be commenced by filing a notice of motion in Form 5 of the schedule that must state (a) the place and date of hearing; (b) a detailed description of the evidence the applicant seeks to exclude in the proceedings; (c) a statement of the basis and grounds on which the evidence is said to be inadmissible; and (d) a summary of the evidence or other material on which the applicant relies and a statement of the manner in which the applicant proposes to present the evidence.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 16.03
Requirements set by judge 16.03 (1) If the issue that is the subject of the motion is identified at a pre-trial conference or case management conference, the pre-trial judge or the case management judge must (a) determine if motion briefs will be required; and (b) set hearing dates and time limits for filing and serving the notice of motion, unless it has already been filed and served, and for filing and serving supporting materials. Scheduling conference to set hearing dates (2) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 16.04
Applicant’s motion record 16.04 (1) If the application is not based on oral evidence, an applicant must file and serve a motion record that includes (a) a copy of the indictment to which the application relates; (b) the affidavits and other documentary evidence relied on to support the application; and (c) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues that are being raised. Respondent’s motion record (2) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record that contains those other materials on which the respondent proposes to rely, within the time limits set by the pre-trial conference judge or the case management judge.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 17.01
Confirmation of trial readiness 17.01 The prosecutor, counsel for each accused and any self-represented accused must file a trial readiness report in Form 6 of the schedule and serve it on the other parties at least 14 days before the trial date, or within the time that the pre-trial conference judge or case management judge directs.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 17.02
Judge’s direction 17.02 A further pre-trial conference or court attendance may be directed by a judge if counsel or a self-represented accused (a) has changed their position on an issue from what was indicated at the most recent pre-trial conference or case management conference; (b) has not complied with a filing requirement that is set out in these rules or directed by the pre-trial conference judge or case management judge; or (c) has not filed a trial readiness report in Form 6 of the schedule.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 18.01
Pre-hearing conference required 18.01 (1) If the prosecutor advises the Court, in accordance with section 752.01 of the Code, that the prosecutor intends to apply to have an offender declared a dangerous offender or a long-term offender, the Court must set a date for a pre-hearing conference before the Chief Justice or his or her designate within 60 days after the day on which the offender is convicted. Purpose of conference (2) The purpose of the conference is (a) to discuss the procedure to be followed; (b) to determine what matters will be contentious; and (c) to schedule the hearing of the application.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 18.02
Prosecutor’s pre-hearing conference report 18.02 At least 14 days before the date of the pre-hearing conference, the prosecutor must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the offender.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 18.03
Offender’s pre-hearing conference report 18.03 At least seven days before the date of the pre-hearing conference, the offender must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the prosecutor.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 19.01
Application 19.01 This Part applies to applications by way of certiorari , habeas corpus , mandamus , procedendo and prohibition, including applications to quash a subpoena, warrant, conviction, inquiry or other order or determination and applications for discharge of a person in custody.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 19.02
Notice of application 19.02 The application must be commenced by filing a notice of application in Form 3 of the schedule, which must state the subpoena, warrant or other order or determination to which the application relates.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 19.03
Review of order 19.03 If the subject of the application is the review of an order, the applicant must file and serve the notice of application within 30 days after the day on which the order was made.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 19.04
Service of application 19.04 The notice of application and any supporting materials must be served (a) where the application includes an application for prohibition, by personal service on the Provincial Court of Manitoba judge, the justice of the peace or other person whose order is the subject of the application; (b) where the applicant is Her Majesty the Queen, if the respondent is a self-represented accused, by personal service on the accused or, if the respondent is an accused represented by counsel, by service on that counsel; or (c) where the applicant is the accused, by personal service on the prosecutor.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 19.05
Documents required 19.05 (1) The notice of application must be accompanied by (a) a copy of the subpoena, warrant, conviction or other order or determination that is the subject of the application; (b) a copy of the indictment or information that contains the charge to which the application relates; (c) if there is no record or an incomplete record of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, an affidavit of, or on behalf of, the applicant that includes the matters set out in subrule (2); (d) a transcript of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, including the reasons, if any, given by the Provincial Court of Manitoba judge or justice of the peace who issued the order; and (e) a copy of any other material filed in the proceeding that gave rise to the application and that is necessary for the hearing and determination of the application. Affidavit — paragraph (1)(c) (2) The affidavit referred to in paragraph (1)(c) must include (a) a description of the status of the person making the affidavit and the basis of his or her knowledge of the matters deposed; (b) a statement of the particulars of the charge to which the application relates, together with a date or dates scheduled for trial or preliminary inquiry in respect of that charge; (c) a statement of all facts that are material to a just determination of the application that are not disclosed in any other materials filed in support of the application; and (d) if the applicant seeks habeas corpus to obtain release from custody, a statement that the applicant is not required to be detained in custody in respect of any other matter.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 19.06
Applicant’s brief and book of authorities 19.06 Unless a judge directs otherwise, the applicant must file and serve a brief and book of authorities at least 30 days before the date of the hearing of the application.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 19.07
Respondent’s brief and book of authorities 19.07 Unless a judge directs otherwise, the respondent must file and serve a brief and book of authorities at least 14 days before the date of the hearing of the application.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.01
Appeal by prosecutor 20.01 (1) A prosecutor who wishes to commence an appeal from an acquittal, order or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the acquittal, order or sentence under appeal is pronounced. Appeal by defendant (2) A defendant who wishes to commence an appeal from a conviction or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the sentence is pronounced.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.02
Address for service 20.02 The appellant must state their address for service on the notice of appeal, including their telephone number, fax number and email address, if any.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.03
Notifying Court of changes 20.03 The appellant must notify the Court in writing of any change to the contact information in the notice of appeal.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.04
Serving notice of appeal 20.04 The appellant must serve the notice of appeal personally on the respondent no later than 30 days after the date on which it is filed.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.05
Transcripts 20.05 (1) A notice of appeal must be accompanied by a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings have been ordered and that the order has been accepted. Exception (2) Subrule (1) does not apply if (a) the appellant has applied under rule 20.16 for a trial de novo ; or (b) the appeal is made under section 830 of the Code and based on a statement of agreed facts.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.06
Transcripts — appeal against sentence 20.06 If an appeal is only against the sentence, the appellant is not required to provide a transcript of the proceedings that does not pertain to the sentence.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.07
Date of appearance 20.07 Once the transcript of the proceedings that is the subject of the appeal has been filed with the Court, (a) the appeal must be placed on the summary conviction appeal assignment court list; and (b) the prosecutor must give the defendant notice of the court date by registered mail.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.08
Time limits for filing documents 20.08 The judge presiding at the summary conviction appeal assignment court must set time limits for filing and serving appeal books, factums and books of authorities.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.09
Failure to appear 20.09 If the appellant fails to appear personally or by counsel in the summary conviction appeal assignment court, the court may dismiss the appeal.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.10
Filing of appeal book by prosecutor 20.10 The prosecutor is required to file an appeal book regardless of whether the prosecutor is the appellant or the respondent.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.11
Contents of appeal book 20.11 An appeal book must contain, in the following order, (a) a table of contents; (b) a copy of the information; (c) a copy of the notice of appeal; (d) all documentary exhibits relevant to the appeal; (e) the reasons for the decision, whether or not they are contained in the transcript of evidence; (f) if there is an appeal as to the sentence, pre-sentence reports and other exhibits that were filed at the sentencing hearing; and (g) any other materials that may be necessary to enable the Court to adjudicate the issues on appeal.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.12
Access to trial court records 20.12 The prosecutor must have access, for the purpose of preparing an appeal book, to the court file and all documents and exhibits that are delivered to the registrar by the trial court.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.13
Filing of supplementary appeal book 20.13 A defendant may file a supplementary appeal book that contains materials relevant to the appeal that are omitted from the appeal book filed by the prosecutor.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.14
Requirements 20.14 (1) The appellant and the respondent are each required to file a factum and book of authorities, unless the judge presiding at the summary conviction appeal assignment court otherwise directs. Contents of factum (2) Rule 5.08 applies to the factum.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.15
Notice of abandonment 20.15 An appellant may abandon an appeal by (a) signing and filing a notice of abandonment in Form 9 of the schedule; and (b) serving the notice on the respondent.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.16
Notice of motion 20.16 (1) An appellant who seeks a trial de novo under subsection 822(4) of the Code must file and serve a notice of motion at the time of filing and serving the notice of appeal. Contents (2) The notice of motion must set out the grounds on which the trial de novo is sought. Assignment court list (3) The notice of motion must be placed on the summary conviction appeal assignment court list. Judge’s powers (4) If a trial de novo is sought, the judge presiding at the summary conviction appeal assignment court may (a) determine if further materials should be filed by the parties; and (b) if necessary, set a date for the hearing of the motion.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.17
Conditions 20.17 An appeal is deemed to be ready to be heard if (a) any application under subsection 822(4) of the Code has been determined; (b) the Court has received the appeal book and a transcript of the evidence, if required; and (c) the appellant and the respondent have each filed a factum and book of authorities and served them on the other party, unless a judge has dispensed with the filing of those documents.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.18
Appellant 20.18 A judge may dismiss an appeal if an appellant who is required to file a factum or book of authorities has not done so within the time limit set by the judge presiding at the summary conviction appeal assignment court and has not sought an extension of time to file those documents.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.19
Respondent 20.19 If a respondent who is required to file a factum or book of authorities has not done so within the time limit set by the judge presiding at the summary conviction appeal assignment court and has not sought an extension of time to file those documents, (a) a judge may set the matter for hearing; and (b) the respondent is not allowed to file a factum or book of authorities after the matter is set for hearing without leave of the Court.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.20
Appellant 20.20 If the appellant fails to appear personally or by counsel on the date fixed for hearing the appeal, the Court may summarily dismiss the appeal.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 20.21
Respondent 20.21 If a respondent fails to appear personally or by counsel on the date of the hearing of the appeal, the Court may proceed with the appeal in the absence of the respondent.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 21.01
Application 21.01 Rules 21.02 to 21.05 apply to applications for an order (a) under section 261 of the Code for a stay of an order of prohibition under section 259 of the Code; and (b) under subsection 683(5) of the Code to suspend an order of the trial court.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 21.02
Notice of motion 21.02 An application referred to in rule 21.01 must be made by filing a notice of motion in Form 5 of the schedule that sets out the relief requested, accompanied by (a) a copy of the information that contains the charge in respect of the offence of which the applicant was convicted; (b) a copy of the notice of appeal; (c) an affidavit of the applicant that includes the matters set out in subrule 21.03(1) or (2), as the case may be; and (d) a copy of any other material in the court file that is necessary for the hearing and determination of the application.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 21.03
Affidavit — paragraph 21.01(a) 21.03 (1) If the application is made under paragraph 21.01(a), the affidavit of the applicant must contain (a) the particulars of the offence of which the applicant was convicted, including reference to the results of any analysis of the applicant’s bodily substances to determine the presence of alcohol or drugs and whether the offence involved property damage, bodily harm or death; (b) the particulars of the applicant’s driving record, if any; (c) the particulars of the applicant’s criminal record, if any; (d) a statement as to whether the applicant is addicted to the use of alcohol or drugs and, if so, what steps, if any, the applicant has undertaken or proposes to undertake for the treatment of that addiction pending the determination of the appeal; and (e) the particulars of any unnecessary hardship that would be caused to the applicant if the stay or suspension were not ordered. Affidavit — paragraph 21.01(b) (2) If the application is made under paragraph 21.01(b), the affidavit of the applicant must state (a) why there is merit to the appeal; and (b) the particulars of any unnecessary hardship that would be caused to the applicant if the stay or suspension were not ordered.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 21.04
Service 21.04 The applicant must serve the notice of motion and supporting materials on the prosecutor personally at least two clear days before the date fixed for the hearing of the application.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 21.05
Order 21.05 (1) The prosecutor may consent, in writing, to the order sought by the applicant on the terms included in a draft order. Order without attendance of counsel (2) If a judge is satisfied that the relief sought by the applicant should be granted, the judge may grant the order on the terms sought, without the attendance of counsel.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 23.01
October 1, 2016 23.01 These rules come into force on October 1, 2016.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
( indicate whether applicant or respondent )
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
( If the document is an affidavit, indicate the name of the deponent and the date sworn. )
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
( name, address, email address and telephone and fax numbers of the person filing the document )