GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 42
Application 42 (1) An application shall be made by notice of motion in Form 1 of the schedule, which must be accompanied by an affidavit of or on behalf of the applicant that (a) sets out the particulars of the indictment containing the charge on which trial proceedings are scheduled to commence; (b) sets out the particulars of any prior application, whether on behalf of the accused or the prosecutor, to have the trial adjourned from a date fixed for trial to a subsequent date, including, where available, a transcript of the proceeding taken on the prior application; (c) states all facts material to a determination of the application without disclosing any solicitor-client communications in respect of which solicitor-client privilege has not been waived; and (d) states the date or dates to which it is proposed the matter be adjourned for trial. (2) Notwithstanding rule 25, a memorandum of cases, statutory provisions and other authorities is not required on an application.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 43
Consent adjournment 43 (1) Where both the prosecutor and the accused agree that the trial be adjourned, they may make a joint request by a written memorandum for a judge’s fiat directing that the matter be adjourned to a date that is certain or to be set. (2) The written memorandum shall set out the reasons for the request for adjournment.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 44
Application of Part 44 This Part applies to an application under subsection 527(1) of the Code to procure the attendance of a person who is confined in a prison.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 45
Applicant, time of application 45 (1) Where the person who is confined is the accused, the application shall be made by (a) counsel for the accused; or (b) if the accused does not have counsel, the prosecutor. (2) Where the person who is confined is a witness, the application shall be made by counsel for the party that plans to call that witness. (3) An application shall be made ex parte to a judge as soon as is reasonably practicable and sufficiently before attendance is required to ensure that no adjournment of the proceeding will be required for attendance and to provide adequate notice to the authorities holding and transporting the person who is confined. (4) Except by leave of a judge, an application shall be made not less than four days before the day attendance is required.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 46
Application 46 The application shall be made by filing with the Clerk the following: (a) a memorandum to the judge signed by counsel for the applicant in which reference is made to the relevant provisions of the Code; (b) an affidavit of or on behalf of the applicant (i) that sets out the material facts, including (A) the charge and proceedings in respect of which the application is made, (B) the date on which the attendance of the person who is confined is required, and (C) the reasons why the attendance of the person who is confined is required, and (ii) to which a copy of the warrant, if any, is attached as an exhibit; and (c) a draft order for removal, in Form 4 of the schedule, containing the necessary directions.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 47
Application under subsection 698(1) or 699(1) of the Code 47 (1) A subpoena issued pursuant to subsection 698(1) or 699(1) of the Code may be issued by the Clerk under the seal of the Court on the applicant for the subpoena filing with the Clerk the following: (a) a memorandum, signed by counsel for the applicant or by the applicant personally if not represented by counsel, setting out the name and address of the proposed witness and a summary of the alleged materiality of the evidence to be given; and (b) a draft subpoena. (2) Where the Clerk determines that it is necessary to protect the identity and address of the proposed witness for his or her personal safety, the Clerk may place the memorandum and subpoena in a sealed envelope that shall then be placed on the court file.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 48
Application under paragraph 699(2)(b) of the Code 48 (1) An application under paragraph 699(2)(b) of the Code for the issuance of a subpoena to a person out of the Northwest Territories shall be made ex parte to a judge. (2) The application must contain the following: (a) a memorandum to the judge outlining the order sought; (b) an affidavit of or on behalf of the applicant setting out the material facts relied on, including the alleged materiality of the evidence to be given; (c) a statement by counsel for the applicant confirming that he or she has canvassed the possibility of admissions with counsel for the respondent or that other measures have been taken so as to avoid the necessity of personal attendance by the intended witness; (d) a fiat endorsed on the memorandum to the judge for the judge’s signature; and (e) a draft subpoena. (3) On execution of the fiat by a judge, the Clerk shall issue the subpoena. (4) The subpoena must have added to it the following recital: “And whereas an Order was made under paragraph 699(2)(b) of the Criminal Code by the Honourable Justice of the Supreme Court of the Northwest Territories on the day of , , authorizing issuance of this subpoena;”
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
“And whereas an Order was made under paragraph 699(2)(b) of the Criminal Code by the Honourable Justice of the Supreme Court of the Northwest Territories on the day of , , authorizing issuance of this subpoena;”
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 49
Application of Part 49 This Part applies to an application to quash a subpoena.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 50
Time for application 50 (1) An application shall be made by notice of motion in Form 1 of the schedule to any judge of the Court before the commencement of trial or to the trial judge. (2) The Court may waive the requirement for written notice where the Court considers it necessary and expedient to do so.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 51
Application 51 The notice of motion shall be accompanied by an affidavit of or on behalf of the applicant setting out (a) the material grounds supporting the application; (b) the interest of the applicant in the proceeding; and (c) the precise terms of the order sought.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 52
Evidence 52 (1) The judge hearing an application may permit evidence to be given orally or otherwise as the judge considers necessary to determine the issues. (2) The party who issued the subpoena shall disclose to the judge hearing the application, by affidavit or otherwise, the purpose for which the witness is required to testify and the likelihood of the witness giving material evidence.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 53
Application of Part 53 This Part applies to an application by an accused to compel the disclosure by the prosecutor of information or documents within the possession or control of the prosecutor.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 54
Application for disclosure 54 (1) An application shall be made by notice of motion to (a) the trial judge, where one has been designated; or (b) any judge of the Court before the commencement of trial, where the trial judge has not been designated. (2) In the case of an application brought after the commencement of trial, the trial judge may waive the requirement of written notice. (3) The judge hearing the application may permit evidence to be given by affidavit or orally or otherwise as the judge considers necessary to determine the issues. (4) The hearing shall be conducted as a voir dire , and may be conducted in camera if the presiding judge considers it necessary in the interests of justice to do so.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 55
Where prosecutor alleges information, documents should not be disclosed 55 (1) Where an application for disclosure is brought and the prosecutor alleges that information or documents should not be disclosed on the grounds of privilege, relevance or otherwise, the prosecutor shall prepare and file an inventory of the information or documents for reference at the hearing of the application. (2) The inventory to be prepared by the prosecutor must (a) individually designate each item of information or document; (b) provide a summary description of the nature and date of the material contained in each item; and (c) state the grounds on which the prosecutor relies to withhold disclosure.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 56
Order 56 (1) The judge hearing the application may compel the production of all or any of the information or documents for review in private. (2) In order to assist in the review, the judge may conduct all or part of the review in camera with only counsel present.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 57
Application of Part 57 (1) This Part applies generally to an application to compel the production of documents in the possession or control of parties other than the prosecutor. (2) Subject to any special statutory provisions, this Part applies, with such modifications as the circumstances require, to production of third party documents.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 58
Application for production 58 (1) An application shall be made by notice of motion in Form 1 of the schedule supported by an affidavit of or on behalf of the applicant setting out with particularity the documents sought and the specific grounds for production. (2) The requirement for written notice of motion and an affidavit may be waived by the presiding judge where the judge considers it necessary in the interests of justice.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 59
Notice of application 59 (1) The notice of motion and a copy of any supporting affidavit shall be served on (a) the prosecutor; (b) the person, agency or other body in possession of the documents sought to be disclosed; (c) the person to whom the documents relate; and (d) any other person who, to the knowledge of the applicant, may have a reasonable expectation of privacy in respect of the documents. (2) In addition to serving notice, the applicant shall obtain and serve on the custodian of the documents a subpoena requiring that the documents be sealed and brought to the hearing of the application.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 60
Hearing 60 (1) The application shall be heard by (a) the trial judge, where one has been designated; or (b) any judge of the Court, where the trial judge has not been designated. (2) The judge hearing the application may permit evidence to be given by affidavit or orally or otherwise as the judge considers necessary to determine the issues. (3) The hearing shall be conducted as a voir dire , and may be conducted in camera if the presiding judge considers it necessary in the interests of justice to do so.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 61
Persons entitled to present evidence, argument 61 The custodian of the documents, the person to whom the documents relate and any person who has a privacy interest in the documents are entitled to present evidence and argument as to the issues raised by the application, but they are not compellable witnesses on the hearing of the application at the instance of either the accused or the prosecutor.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 62
Review of documents 62 Where the judge is satisfied that the documents are likely to be relevant to an issue in the proceeding or to the competence of a witness to testify, the documents shall be produced to the judge who shall review them to determine if the documents, or any part of them, should be produced to the accused and the prosecutor.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 63
Where documents not to be disclosed 63 (1) Subject to any order made on a subsequent application, where the judge determines that documents shall not be disclosed, the documents shall be sealed and retained on file until the proceedings against the accused are completed and all levels of appeal exhausted, at which time they shall be returned by the Clerk to their original custodian. (2) Where the judge determines that it is necessary, the Clerk may return the original documents to the original custodian and, where the Clerk does so, the Clerk shall retain certified copies of the documents on the file.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 64
Application for further order 64 (1) An order refusing disclosure does not prevent a subsequent application to the trial judge for such an order where there is additional or other evidence arising to support it. (2) Any party to an application for disclosure may apply to the judge who made an order or to the trial judge for a variation of an order previously made.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 65
Application of Part 65 This Part applies to an application in a criminal proceeding: (a) to declare that an enactment of the Parliament of Canada, in whole or in part, is unconstitutional and of no force and effect; (b) to declare that a rule or principle of law applicable to a criminal proceeding, in whole or in part, whether on account of subsection 8(2) or (3) of the Code or otherwise is unconstitutional and of no force and effect; and (c) to stay proceedings, in whole or in part, on an indictment against an accused or for any other remedy under subsection 24(1) of the Charter or subsection 52(1) of the Constitution Act, 1982 on account of an infringement or denial of any right or freedom guaranteed by the Charter or otherwise, other than an application to exclude evidence under Part 13.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 66
Time for application 66 An application referred to in rule 65 shall be made to (a) the trial judge, where one has been designated; or (b) any judge of the Court before the commencement of trial, where the trial judge has not been designated.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 67
Application 67 The application shall be brought by notice of motion in Form 5 of the schedule, which must state (a) the place, date and time of the hearing; (b) the precise relief sought on the application; (c) the grounds to be argued, including a concise statement of the constitutional issues to be raised, a statement of the constitutional principles to be argued and a reference to any statutory provision or rule on which the applicant relies; (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and (e) where an order is required abridging or extending the time for service or filing of the notice of motion or supporting materials, a statement to that effect.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 68
Service and notice 68 (1) Service of the notice of motion and supporting materials shall be made on (a) the office of the Attorney General of Canada at Yellowknife, Northwest Territories; (b) the office of the prosecutor having carriage of the proceeding; and (c) such other person and on such terms as a judge may direct. (2) Where applicable, the applicant shall comply with the notice requirements of section 59 of the Judicature Act , R.S.N.W.T. 1988, c. J-1. (3) The notice of motion and supporting materials shall be served not less than 14 days before the date of the hearing.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 69
Materials to be filed 69 (1) In addition to any other material that may be required by the rules applicable in the proceeding in which the constitutional issue is raised, the application must be accompanied by (a) a copy of the indictment to which the constitutional issue raised in the notice of motion relates; (b) a transcript of any proceeding earlier taken that is material to a determination of the constitutional issue raised in the notice of motion; (c) an affidavit of or on behalf of the applicant deposing to the matters set out in subrule (2); and (d) a copy of any other material that may be necessary for the hearing and determination of the constitutional issue raised in the notice of motion. (2) The affidavit of or on behalf of the applicant must include (a) a description of the deponent’s status 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 including, where the application alleges a breach of paragraph 11(b) of the Charter, a full statement of the history of the proceedings against the applicant before the date scheduled for trial; and (c) a statement of all facts material to a just determination of the constitutional issue that are not disclosed in any other material filed in support of the application. (3) A respondent who seeks to rely on material other than the material required under subrule (1) or (2) shall file affidavit material setting out the facts on which he or she relies.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 70
Pre-hearing brief 70 (1) In place of the memorandum of authorities required by rule 25, each party appearing on the hearing shall file and serve on every other party a pre-hearing brief containing (a) a succinct outline of the argument the party intends to make; (b) a concise statement of the principles of law on which the party relies; and (c) copies of relevant cases, statutory provisions and other authorities. (2) The pre-hearing brief of the applicant shall be filed and served not less than seven days before the hearing. (3) The pre-hearing brief of a respondent shall be filed and served not less than three days before the hearing.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 71
Intervention 71 Any person interested in a proceeding between other parties may, by leave of the judge presiding over that proceeding or by order of a judge of the Court, intervene in the proceeding on such terms and conditions and with such rights and privileges as the judge may determine.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 72
Application of Part 72 This Part applies to an application by an accused under subsection 24(2) of the Charter for an order excluding evidence obtained in a manner that infringed or denied a right or freedom guaranteed by the Charter.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 73
Application 73 (1) An application shall be brought by notice of motion in Form 1 of the schedule before the judge presiding at the trial of the charge against the applicant. (2) The application may be brought before (a) the selection of a jury, where the accused is to be tried before a jury; or (b) the commencement of the trial, where the accused is to be tried before a judge. (3) The judge may waive the requirement for written notice where the judge considers it necessary and expedient to do so.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 74
Notice of motion 74 The notice of motion shall set out (a) the precise relief sought on the application; (b) the grounds on which the applicant relies; (c) the right or freedom alleged to be infringed or denied; and (d) the nature of the evidence sought to be adduced on the application.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 75
Hearing 75 The hearing of the application shall be conducted as a voir dire whether it is heard before or after the commencement of the trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 76
Timely notice 76 Nothing in this Part shall be interpreted as derogating from the right of the accused to make an application at any point in the trial, but the failure to give timely notice for such an application may be taken into account by the judge in determining (a) whether to hear the application forthwith or to adjourn the trial to hear it; and (b) on what terms the judge will hear the application.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 77
Pre-trial conference 77 (1) Where an accused is to be tried before a jury, a pre-trial conference shall be held in accordance with subsection 625.1(2) of the Code at the time, on the date, in the place and in the manner that a judge directs, or on such further dates and at such further times as may be ordered by the judge who presides at the pre-trial conference. (2) A judge may direct that a pre-trial conference must be held in any non-jury case.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 78
Purpose of pre-trial conference 78 The purpose of a pre-trial conference is to consider such matters as will promote a fair and expeditious trial or other resolution of the case.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 79
Appearance at pre-trial conference 79 The following shall be present at a pre-trial conference: (a) the prosecutor, fully briefed in respect of the issues to be discussed at the pre-trial conference; and (b) counsel for the accused, fully briefed in respect of the issues to be discussed at the pre-trial conference or, where the accused is not represented by a solicitor, the accused.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 80
Pre-trial conference report 80 (1) Before the pre-trial conference, the prosecutor and counsel for the accused shall jointly prepare a pre-trial conference report in Form 6 of the schedule to be presented to the pre-trial conference judge. (2) Where the accused is unrepresented, the prosecutor shall complete the pre-trial conference report in Form 6 of the schedule indicating in it what he or she anticipates the issues will be at trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 81
Informal meeting 81 Unless otherwise ordered by the pre-trial conference judge, a pre-trial conference shall be an informal meeting conducted in private chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings taking place after the conference.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 82
Where accused appears in person 82 Where the accused is unrepresented or appears in person at the pre-trial conference, the conference shall be conducted in chambers with the Clerk and court reporter in attendance.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 83
Use of admissions at trial 83 No admissions made by an accused or counsel for an accused at the pre-trial conference may be used against the accused at the trial unless the admissions are reduced to writing and signed by the accused or his or her counsel.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 84
Anticipated evidence 84 At the pre-trial conference, the prosecutor shall give a synopsis of the anticipated evidence at the trial and any legal issues arising from that evidence.