GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 85
Disclosure by defence 85 (1) While the accused is not required to make disclosure of its case, in a case where the accused intends to call evidence, it is expected that sufficient information will be disclosed for the prosecutor to understand what the substance of the defence case will be. (2) Without limiting the generality of subrule (1), the accused is expected to disclose particulars respecting the following: (a) an alibi defence, including the names of any witnesses to the alibi, if not previously disclosed; (b) a defence of not criminally responsible on account of mental disorder; and (c) an expert report or anticipated expert evidence relating to an issue in the trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 86
Information judge may require 86 Without restricting the generality of these Rules, the pre-trial conference judge may inquire as to any of the following: (a) the extent of disclosure made by the prosecutor and any further requests for disclosure by an accused; (b) the nature and particulars of any application to be made either at the outset of the trial before the selection of the jury or, in the absence of the jury, after the jury has been sworn; (c) the possibility of resolution of any or all issues in the proceeding, including the possible disposition of any or all counts contained in the indictment whether by plea of guilty or otherwise; (d) the simplification of those issues that remain to be contested at trial; (e) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceeding; (f) the estimated duration of the trial; (g) the necessity for interpretation services for the trial; and (h) any other matter that may assist in promoting a fair, just and expeditious trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 87
Direction of judge respecting application 87 The pre-trial conference judge may direct that any application (a) be made in writing; (b) be heard at such time before the date fixed for trial as the judge considers appropriate; (c) be heard at the outset of the trial; or (d) be heard in the absence of the jury after it has been sworn.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 88
Endorsement on indictment 88 The pre-trial conference judge, on completion of the conference, shall endorse the indictment or a true copy of the indictment as to the date the pre-trial conference was held.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 89
On completion of pre-trial conference 89 (1) The pre-trial conference judge, on completion of the conference, may (a) complete a memorandum as to the discussions held and the results of the conference, and a copy of any such memorandum shall be placed on the court file and given to the prosecutor and counsel for the accused or the accused if he or she is acting personally; or (b) endorse a copy of the pre-trial conference report submitted by the parties if the report accurately reflects the substance and outcome of the conference. (2) The contents of a memorandum or pre-trial conference report shall not be published or broadcast except by leave of the pre-trial conference judge.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 90
Other conferences 90 (1) Nothing in this Part shall be interpreted so as to preclude the Court from conducting other informal pre-trial conferences, in addition to the conference required by subsection 625.1(2) of the Code, on such terms as the judge considers fit. (2) The accused or the prosecutor may request that a further pre-trial conference be held.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 91
Challenge for general lack of indifference 91 Where the accused or the prosecutor seeks, pursuant to paragraph 638(1)(b) of the Code, to challenge for cause every member of a jury panel on the basis of a general lack of indifference, the applicant shall file and serve a notice of motion in Form 1 of the schedule not less than seven days before the date fixed for selection of a jury for the trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 92
Application 92 (1) The application must be supported by an affidavit of or on behalf of the applicant setting out with particularity the grounds for the challenge and the proposed questions to be put to each prospective juror. (2) The application shall be heard by the trial judge in the absence of the jury panel.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 93
Questions to members of jury panel 93 (1) If the application is granted, the judge shall specify the form of each question to be put to each prospective juror and who shall ask the questions. (2) Each member of the jury panel shall be questioned in the presence of the accused and the triers but in the absence of the remainder of the members of the jury panel, who shall be kept in a separate room. (3) The trial judge may, in his or her discretion, permit counsel to make submissions to the triers.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 94
Orders available 94 (1) The Court may make an order in the nature of mandamus, prohibition, certiorari , habeas corpus or quo warranto on application by notice of motion in Form 1 of the schedule. (2) Where an order referred to in subrule (1) is made, a writ of mandamus, prohibition, certiorari , habeas corpus or quo warranto need not be issued, but all necessary provisions must be included in the judgment or order.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 95
Service 95 (1) The notice of motion referred to in rule 94 shall be served on every person who appears to be interested or likely to be affected by the proceeding. (2) The Court may require that the notice of motion be served on any person not previously served. (3) Where an order is sought to quash a conviction, order, warrant or inquisition, the notice of motion shall be served not less than seven days before the return date of the motion on (a) the office of the prosecutor having carriage of the proceeding; and (b) the justice or justices who made the conviction or order or issued the warrant or the coroner who made the inquisition. (4) Where a judge of the Territorial Court must be served, it is sufficient to serve the Clerk or a deputy clerk of the Territorial Court. (5) Where a justice or a coroner must be served, it is sufficient to serve the administrative officer of the office to which the justice or coroner belongs. (6) Any person not served with the notice of motion may show that he or she is affected by the proceeding and, where the Court is satisfied he or she is so affected, the person may be permitted to take part in the proceeding as though served.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 96
Application - certiorari 96 An application for an order in the nature of certiorari shall be filed and served within six months after the conviction, order, warrant or inquisition to which it relates.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 97
Endorsement on application 97 (1) A notice in the following form, addressed to the justice or justices, coroner, administrative officer or Clerk, as the case may be, must be endorsed on a notice of motion requesting an order in the nature of certiorari : “You are hereby required forthwith after service of this notice to return to the Clerk of the Supreme Court at ( community ) the conviction (or order or warrant or inquisition) to which this notice refers and the information, evidence and exhibits filed, if any, together with this notice. Date: To: Solicitor for the Applicant” (2) A copy of rule 98 must appear on or be annexed to the notice of motion served on the justice or justices, coroner, administrative officer or Clerk from whom the return is required. (3) All things required by subrule (1) to be returned to the Clerk shall, for the purposes of the application for an order in the nature of certiorari , be deemed to be part of the record.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
“You are hereby required forthwith after service of this notice to return to the Clerk of the Supreme Court at ( community ) the conviction (or order or warrant or inquisition) to which this notice refers and the information, evidence and exhibits filed, if any, together with this notice.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 98
Return of evidence and exhibits 98 (1) On receiving a notice of motion endorsed in accordance with subrule 97(1), the justice or justices, coroner, administrative officer or clerk shall return forthwith to the Clerk the conviction, order, warrant or inquisition, as the case may be, together with the information, the evidence and exhibits filed, if any, and the notice served on the justice or justices, coroner, administrative officer or Clerk with a certificate endorsed in the following form: “Pursuant to the accompanying notice I hereby return to the Honourable Supreme Court the following papers and documents: (a) the conviction — or order or warrant or inquisition —; (b) the information and the warrant issued on the information; and (c) the evidence taken at the hearing and all exhibits filed. And I hereby certify to the Honourable Supreme Court that I have enclosed in this return all the papers and documents in my custody and power relating to the matter referred to in the notice of motion.” (2) The certificate required by subrule (1) has the same effect as a return to a writ of certiorari . (3) Where a record of the proceeding has been transmitted to the Clerk as required by law, other than as required by subrule (1), the Clerk shall, in lieu of the certificate set out in subrule (1), certify to the fact and the date of the transmission. (4) Where the material referred to in subrule (1) or the record of the proceeding referred to in subrule (3) has not been received by the Clerk before the application is heard, the Clerk shall prepare a certificate of the fact. (5) The Court may dispense with the return of the evidence or exhibits or any part of them.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (a)
“Pursuant to the accompanying notice I hereby return to the Honourable Supreme Court the following papers and documents: (a) the conviction — or order or warrant or inquisition —; (b) the information and the warrant issued on the information; and (c) the evidence taken at the hearing and all exhibits filed. And I hereby certify to the Honourable Supreme Court that I have enclosed in this return all the papers and documents in my custody and power relating to the matter referred to in the notice of motion.”
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (a)
(a) the conviction — or order or warrant or inquisition —;
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (b)
(b) the information and the warrant issued on the information; and
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (c)
(c) the evidence taken at the hearing and all exhibits filed.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
And I hereby certify to the Honourable Supreme Court that I have enclosed in this return all the papers and documents in my custody and power relating to the matter referred to in the notice of motion.”
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 99
Ex parte application 99 Notwithstanding rules 95 to 98, the Court, on the ex parte application of the prosecutor, may quash a conviction or warrant made without lawful authority.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 100
Mandamus 100 No order in the nature of mandamus may be granted unless at the time of application an affidavit is produced in which some person deposes on oath that the application is made at his or her instance as prosecutor, and the name of that person must appear in the order as the person at whose instance it is made.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 101
No action against person obeying order 101 No action or proceeding may be commenced or prosecuted against any person in respect of anything done in obedience to an order in the nature of mandamus issued by the Court or any judge.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 102
Time in which duty must be performed 102 In an order in the nature of mandamus, the Court may compel a defendant or respondent to perform the duty in question (a) either forthwith or on the expiration of such time as the Court specifies; and (b) on such terms as the Court may specify.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 103
Application - habeas corpus 103 (1) An application for an order in the nature of habeas corpus shall be served not less than three days before the return date of the application on (a) the authority responsible for the place of detention; and (b) the office of the Attorney General responsible for the prosecution or conviction, as the case may be. (2) A copy of rule 104 shall appear on or be annexed to the application.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 104
Return to the Court 104 The authority responsible for the place of detention shall, within 24 hours after receiving an application under rule 103, forward to the Clerk a copy of all causes of the prisoner’s detention.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 105
Order before return made under rule 104 105 (1) On the argument of an application for an order in the nature of habeas corpus , the Court may, if the Court considers it just, direct an order to be drawn up for the prisoner’s discharge without waiting for the return of the information required by rule 104. (2) An order made under subrule (1) is a sufficient warrant for any jailer, peace officer or other authorized person for the prisoner’s discharge.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 106
Ex parte order 106 Where a judge considers it necessary, the judge, on an application made ex parte , may grant an order for the immediate issue of an order in the nature of habeas corpus .
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 107
Application - prohibition 107 An application for an order in the nature of prohibition shall not operate as a stay of the proceedings sought to be prohibited except by order of a judge.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 108
Definitions 108 The definitions in this section apply in this Part, unless the context in these Rules requires otherwise. adjudication includes (a) in an appeal under subparagraph 813(a)(i) or (ii) of the Code, a conviction or order made against or a sentence passed against a defendant; (b) in an appeal under subparagraph 813(b)(i) or (ii) of the Code, an order that stays proceedings on or dismisses an information or a sentence passed against a defendant; (c) in an appeal under subparagraph 813(a)(iii) or (b)(iii) of the Code, a verdict; and (d) in an appeal under subsection 830(1) of the Code, a conviction, judgment or verdict of acquittal or other final order or determination of a summary conviction court. ( décision ) appeal means an appeal under Part XXVII of the Code from or against an adjudication in a proceeding before a summary conviction court; ( appel ) appeal court means the Supreme Court of the Northwest Territories; ( Cour d’appel ) appellant includes (a) in an appeal under paragraph 813(a) of the Code, the defendant; (b) in an appeal under paragraph 813(b) of the Code, the informant, the Attorney General or the Attorney General’s agent; and (c) in an appeal under subsection 830(1) of the Code, the person who has filed the appeal. ( appelant ) trial court means the summary conviction court from or against whose adjudication an appeal is being taken. ( tribunal de première instance )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (a)
adjudication includes (a) in an appeal under subparagraph 813(a)(i) or (ii) of the Code, a conviction or order made against or a sentence passed against a defendant; (b) in an appeal under subparagraph 813(b)(i) or (ii) of the Code, an order that stays proceedings on or dismisses an information or a sentence passed against a defendant; (c) in an appeal under subparagraph 813(a)(iii) or (b)(iii) of the Code, a verdict; and (d) in an appeal under subsection 830(1) of the Code, a conviction, judgment or verdict of acquittal or other final order or determination of a summary conviction court. ( décision )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
appeal means an appeal under Part XXVII of the Code from or against an adjudication in a proceeding before a summary conviction court; ( appel )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
appeal court means the Supreme Court of the Northwest Territories; ( Cour d’appel )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (a)
appellant includes (a) in an appeal under paragraph 813(a) of the Code, the defendant; (b) in an appeal under paragraph 813(b) of the Code, the informant, the Attorney General or the Attorney General’s agent; and (c) in an appeal under subsection 830(1) of the Code, the person who has filed the appeal. ( appelant )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
trial court means the summary conviction court from or against whose adjudication an appeal is being taken. ( tribunal de première instance )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 109
Application of Part 109 This Part applies to all appeals, including appeals from summary conviction proceedings pursuant to the statutes of the Northwest Territories, except as otherwise provided by the Code, any other federal Act or any regulation made under the Code or any other such Act.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 110
Time for filing notice of appeal 110 (1) An appellant shall give notice of appeal (a) where the appeal is from a conviction or against sentence or both, within 30 days after the day on which the sentence was passed; or (b) in any other case, within 30 days after the day on which the adjudication under appeal was made. (2) The appeal court or a judge of the appeal court may extend the time within which notice of appeal may be given. (3) An application to extend time shall be made on notice to the respondent.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 111
Contents of notice of appeal 111 (1) A notice of appeal must be dated and signed by the appellant or the solicitor for the appellant and filed with the Clerk. (2) The notice of appeal must set out the following: (a) the trial court that made the conviction or order appealed from or passed the sentence appealed against; (b) the conviction or order appealed from or the sentence appealed against, and the date of the conviction, order or sentence; (c) the grounds on which the appeal is based; (d) the nature of the order or other relief the appellant seeks; (e) where the appellant is a person other than the prosecutor, a statement indicating whether or not the appellant desires to appear in person or by counsel on the hearing of the appeal; and (f) the appellant’s address for service in the Northwest Territories. (3) Where the prosecutor or informant appeals, the notice of appeal must be in Form 7 of the schedule. (4) Where the accused appeals, the notice of appeal must be in Form 8 of the schedule. (5) Notwithstanding subrules (2) and (4), where the appeal is commenced by the accused personally, the notice of appeal may be in Form 9 of the schedule, or in such other form as the court may allow.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 112
Manner of service 112 (1) Where the accused appeals, the notice of appeal shall be served, within the time limited by or under rule 110, on the respondent by mailing or delivering a copy of the notice of appeal to the office of the prosecutor who had carriage of the summary conviction proceeding. (2) Where the prosecutor or informant appeals, the notice of appeal shall be served, within the time limited by or under rule 110, on the accused personally, or on such other person or in such manner as a judge may direct, and proof of service shall be filed with the Clerk not later than 10 days after the last day for service of the notice of appeal.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 113
Compliance with section 817 of the Code 113 Where an informant who does not represent or act on behalf of the Attorney General appeals, the appellant shall, forthwith after serving the notice of appeal, take steps to appear before a justice, on notice to the respondent, so as to comply with subsection 817(1) of the Code.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 114
Compliance with section 821 of the Code 114 (1) The Clerk shall, forthwith after the filing of the notice of appeal, comply with subsection 821(1) of the Code by delivering a copy of the notice of appeal or sending a copy of it by prepaid mail to the trial court. (2) The trial court shall, within 10 days after receipt of the notice of appeal, transmit to the Clerk the material referred to in subsection 821(1) of the Code.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 115
Transcript of evidence 115 (1) Where the evidence before the trial court has been taken by a stenographer or by a sound recording apparatus, the appellant shall cause a copy of the transcript of the evidence to be furnished to the appeal court and the respondent for use on the appeal. (2) The provision of a transcript may be waived by order of the appeal court. (3) Notwithstanding subrules (1) and (2), where a transcript of evidence cannot be furnished, the appellant shall file, with the notice of appeal, a certificate to that effect signed by the court reporter assigned to transcribe the evidence or issued by the trial court appealed from.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 116
Contents of transcript 116 (1) In preparing a transcript of evidence that has been ordered for the purposes of appeal, the court reporter shall include the reasons for judgment or sentence. (2) Where the appeal is from sentence only, the appellant need not cause a copy of the transcript of the evidence to be furnished to the appeal court unless the appeal court otherwise orders. (3) On application, a judge may give special directions as to the omission of part of the transcript. (4) In an appeal where the facts are not in dispute, an agreed statement of facts may take the place of the transcript of evidence and the appellant need only file and serve a transcript of the reasons for judgment and sentence.