GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 14.02
Application 14.02 (1) This Rule applies to applications (a) by an accused under subsections 520(1), 520(8) and 522(1) of the Code; (b) by the prosecutor under subsections 521(1) and (9) of the Code; and, (c) by an accused or the prosecutor at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code. (2) Except for the requirements set out in rules 14.04 and 14.05, this Rule applies to proceedings for a review of detention under section 525 of the Code with such modifications as are set out in this Rule and the circumstances require.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 14.03
Hearings under Section 525 of the Code 14.03 (1) Where an accused is brought before the court pursuant to section 525 of the Code, the judge: (a) shall determine the issue of judicial interim release in an expeditious manner; and (b) may inquire into the circumstances of the custody of the accused. (2) Before or during the hearing under subrule (1), the judge may provide directions for expediting any proceedings in respect of the accused and for the filing of material in support of, or in opposition to, the application.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 14.04
Contents of Notice 14.04 (1) Where the Notice of Application states that the accused is to be present at the hearing of the application, counsel for the accused shall comply with section 527 of the Code. (2) Where an application involves a review of a detention order previously made by a Provincial Court judge, the application shall set out: (a) any error in fact or law allegedly made by the Provincial Court judge; (b) the change in circumstances, if any, that has occurred since the decision being reviewed; and (c) such other facts, if any, that are being relied on in support of any submission that a different result ought to have been reached by the Provincial Court judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 14.05
Materials for Use on Application 14.05 (1) The Notice of Application shall be accompanied by: (a) where the applicant is the accused, the affidavit of the applicant containing the information required under subrule (2); (b) where the applicant is the accused and it is practicable to do so, the affidavit of any current or prospective employer who proposes to employ the accused upon release; (c) where the applicant is the accused and it is practicable to do so, the affidavit of any person who proposes to serve as a surety for the accused, disclosing his or her willingness to serve as a surety and the amount for which he or she is prepared to be held liable; (d) where the applicant seeks to review a previous order, a transcript of: (i) the proceedings of the judicial interim release hearing under section 515 or 522 of the Code, as the case may be; and (ii) any previous review proceedings taken before a judge, unless the judge specifically dispenses with this requirement; and (e) a legible copy of any exhibits, capable of reproduction, which were filed in the original judicial interim release hearing and in any previous review proceedings including a copy of the accused’s criminal record, if any. (2) The affidavit of the applicant required by clause (1)(a) shall disclose: (a) the particulars of the charge on which release is sought and any other charge outstanding against the applicant, together with the date or dates scheduled for trial, preliminary inquiry and any other proceeding in respect of such charges; (b) the ordinary residence of the applicant and the address where the applicant proposes to reside if released; (c) the applicant’s employment, if any, when he or she was arrested and where the applicant expects to be employed upon release; (d) the form of order upon which the applicant proposes that release be granted; and (e) where the applicant proposes that release be granted by giving an undertaking with conditions or upon entering into a recognizance with sureties, deposit or conditions, where practicable: (i) the terms and conditions of the order sought, including the amount of any recognizance or deposit; (ii) the names of any proposed surety; (iii) the amount for which each proposed surety is prepared to be held liable; and (iv) with respect to each proposed surety, a declaration that the accused or his counsel has complied with any practice note in force regarding sureties. (3) Where a transcript of a previous review proceeding is not available, the applicant’s affidavit shall contain a summary of the material evidence given at the previous proceeding. (4) Where the applicant is the prosecutor or where, as respondent, the prosecutor intends to: (a) assert that the detention of the accused is necessary; and (b) rely on material other than required to be filed under subrule (1), the prosecutor may file an affidavit setting out the facts upon which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 14.06
No Brief Required 14.06 No brief is required for the purposes of applications under this Rule.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 14.07
Service 14.07 The Notice of Application and all supporting documentary, affidavit and other material intended to be used at the hearing of the application along with any response shall be served on the parties and filed with the court, together with proof of service, at least two clear days prior to the date fixed for the hearing of the application, unless under subsection 520(2) of the Code, the prosecutor otherwise consents.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 15.01
When this Rule Applies 15.01 Other than an application to exclude evidence, this Rule 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; or (c) to stay proceedings, in whole or in part, on an indictment against an accused in whole or in part or for any other remedy under subsection 24(1) of the Charter or subsection 52(1) of the Constitution Act, 1982 .
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 15.02
Time for Application 15.02 An application referred to in rule 15.01 shall be made to: (a) the trial judge, where one has been designated; or (b) any judge before the commencement of trial, where the trial judge has not been designated.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 15.03
Application 15.03 The application shall be brought by Notice of Application in accordance with Rule 11 and, in addition, shall include 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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 15.04
Service and Notice 15.04 (1) Service of the Notice of Application and all supporting documentary, affidavit and other material intended to be used at the hearing of the application shall be made on: (a) the regional office of the Attorney General of Canada; (b) the prosecutor having carriage of the proceeding; and (c) such other person and on such terms as a judge may order. (2) Where applicable, the applicant shall comply with the notice requirements of section 57 of the Judicature Act .
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 15.05
Materials for Use on Application 15.05 (1) A Notice of Application brought under this Rule shall be accompanied by: (a) a copy of the indictment to which the constitutional issue raised in the Notice of Application relates; (b) a transcript of any previous proceeding that is material to a determination of the constitutional issue raised in the Notice of Application; (c) an affidavit of or on behalf of the applicant deposing 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 Application. (2) The affidavit of or on behalf of the applicant shall 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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 15.06
Brief 15.06 Each party appearing on the hearing shall file with the court and serve on every other party a 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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 15.07
Intervenors 15.07 (1) 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, intervene in the proceeding on such terms and conditions and with such rights and privileges as the judge may determine. (2) Unless otherwise ordered, where an intervenor seeks to rely on material other than that filed by the applicant, respondent or any other person granted leave to intervene, the intervenor shall serve on every party and other intervenor and file with the court, together with proof of service, all supporting documentary, affidavit and other material intended to be used at the hearing of the application no later than seven days before the date of the hearing of the application. (3) The brief of an intervenor under rule 15.06 shall be served and filed with the court, together with proof of service, not less than three days before the hearing.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 16.01
Manner of Re-Election 16.01 (1) Where an accused wishes to change his or her election as to the mode of trial, the accused shall give notice of his or her intention to the court and the prosecutor at the earliest possible opportunity by serving and filing with the court, together with proof of service, a completed Notice of Re-Election in CR Form 16.01. (2) A Notice of Re-Election shall be personally signed by the accused and shall contain, where required, the written consent of the prosecutor.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 16.02
Re-Election to Provincial Court 16.02 Where an accused has filed a Notice of Re-Election in accordance with this Rule, and the mode of trial reelected is by a Provincial Court judge, a registry clerk shall: (a) send to the Provincial Court the materials specified in paragraph 561(3)(b) of the Code; (b) remove the case from the docket of the court; and (c) where the mode of trial before re-election was trial by judge and jury, notify the High Sheriff in writing that no jury selection will be required.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 16.03
Re-Election to Trial by Judge Alone 16.03 Where an accused has filed a Notice of Re-Election in accordance with this Rule and the mode of trial reelected is by judge alone, a registry clerk shall: (a) endorse the change in mode of trial on the indictment; and (b) notify the High Sheriff in writing that no jury selection will be required.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 16.04
Re-Election to Trial by Judge and Jury 16.04 Where an accused has filed a Notice of Re-Election in accordance with this Rule and the mode of trial reelected is by judge and jury, or the Attorney General requires pursuant to section 568 of the Code that the accused be tried by a judge and jury, a registry clerk shall: (a) endorse the change in mode of trial on the indictment; (b) place the matter on the next arraignment court list in order to address: (i) the scheduling or re-scheduling of the trial; (ii) issues respecting jury selection including the possibility of any challenge for cause; and (iii) any orders regarding the summoning of jurors for selection; (c) notify the parties of the appearance in arraignment court set under clause (b); and (d) notify the High Sheriff in writing that jury selection will be required.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 16.05
Appearance by Accused on Re-Election 16.05 (1) Notwithstanding anything in this Rule, a judge may require an accused who has indicated an intention to re-elect the mode of trial to appear in person to make his or her re-election. (2) Where an accused appears in person to make a reelection, the presiding judge (a) may make inquiries of the accused to satisfy the judge that the accused understands the implications of the re-election and has been fully advised concerning the re-election; and (b) shall put the accused formally to his or her reelection in the following words or in words to like effect: “You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?”
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador
“You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?”
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 17.01
Challenge for General Lack of Indifference 17.01 (1) Where an accused is aware of circumstances which might reasonably give rise to an application 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 accused shall: (a) give informal notice to the prosecutor as soon as reasonably practicable of those circumstances; and (b) raise the issue at the pre-trial conference held pursuant to section 625.1 of the Code, propose the questions to be put to each juror, and attempt to reach agreement with the prosecutor on the necessity and details of a challenge for cause procedure, including questions to be posed to prospective jurors. (2) Where at or before the pre-trial conference the accused and the prosecutor reach agreement on the necessity for, and the details of, a challenge for cause procedure, the pre-trial conference judge may make an order to that effect directing the High Sheriff to summon sufficient panels of jurors to accommodate the challenge for cause. (3) Where by the time of the pre-trial conference the accused and the prosecutor have been unable to agree on the necessity for, or the details of, a challenge for cause procedure: (a) the pre-trial conference judge shall set a time, not later than 30 days following the date of the pre-trial conference, for the filing of an application pursuant to paragraph 638(1)(b) of the Code to determine the challenge for cause issue and may set deadlines for the filing of other materials by the parties; and (b) the accused shall serve and file with the court, together with proof of service, a Notice of Application in CR Form 11.02 in accordance with the schedule so established.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 17.02
Application 17.02 (1) An application to challenge every member of a jury panel on the basis of indifference pursuant to paragraph 638(1)(b) of the Code shall include: (a) an affidavit by or on behalf of the applicant setting out the particulars of the grounds for the challenge; and (b) the proposed questions to be put to each prospective juror. (2) The application shall be heard by the trial judge who may hold the hearing prior to the jury panel being summoned. (3) Where an application is filed under this Rule, the Chief Justice shall designate a judge to be the trial judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 17.03
Questions 17.03 If the application is granted, the judge shall by order specify the form and content of each question to be put to each prospective juror and who shall ask the questions.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 17.04
Leave to File Application to Challenge for Cause 17.04 (1) A judge may grant leave to file an application pertaining to challenge for cause in accordance with this Rule where a proper explanation for not having made an earlier application is given and good reason is shown that the fair trial of the accused requires consideration of such an application. (2) Where leave is granted, the judge may: (a) set the time for filing and service of the application; (b) set deadlines for the filing by the parties of other materials in relation to the application; and (c) give directions respecting the timing of summoning prospective jurors and the scheduling of the trial.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 18.01
Authority and Official Version 18.01 Applications for certiorari, habeas corpus, mandamus and prohibition are governed by the Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition , SI/2000-33.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 18.02
Notice of Application for an Order in the Nature of Certiorari 18.02 A notice of Application for an Order in the Nature of Certiorari shall be in CR Form 18.02.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 18.03
Return of Documents 18.03 The return of the record under s. 10 of the Supreme Court of Newfoundland and Labrador, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition shall be accompanied by CR Form 18.03.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 18.04
Habeas Corpus Order 18.04 An order for habeas corpus may be issued in CR Form 18.04.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 19.01
Authority and Official Version 19.01 Applications for the reduction in the number of years imprisonment without eligibility for parole are governed by the Newfoundland Rules Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole , SOR/89-297.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 19.02
Applications 19.02 An application under this Rule shall be in CR Form 19.02A.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 20.01
Date of Coming into Force 20.01 These Rules shall come into force on July 1, 2018.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador
For forms, see Canada Gazette Part II, SI/2018-43: http://gazette.gc.ca/rp-pr/p2/2018/2018-06-13/pdf/g2-15212.pdf#page=535
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador
http://gazette.gc.ca/rp-pr/p2/2018/2018-06-13/pdf/g2-15212.pdf#page=535
Scott Islands Protected Marine Area Establishment Order — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 4.1(1) a of the Canada Wildlife Act b , makes the annexed Scott Islands Protected Marine Area Establishment Order . a S.C. 1996, c. 31, s. 107 b R.S., c. W-9; S.C. 1994, c. 23, s. 2
Scott Islands Protected Marine Area Establishment Order — 1
Establishment 1 There is established a protected marine area to be known as the Scott Islands Protected Marine Area in the area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada and the exclusive economic zone of Canada and that is described in Schedule 1 and depicted in Schedule 2.
Scott Islands Protected Marine Area Establishment Order — Coming into force
Coming into force * 2 This Order comes into force on the day on which the Scott Islands Protected Marine Area Regulations come into force. * [Note: Order in force June 27, 2018.]
Scott Islands Protected Marine Area Establishment Order — 1
1 In this Schedule, all geographical coordinates are expressed in the North America Datum 1983 geodetic system (NAD83).
Scott Islands Protected Marine Area Establishment Order — 2
2 The Scott Islands Protected Marine Area is described as follows: Commencing at the point of intersection of the ordinary high water mark with a rhumb line (or the production of a rhumb line) connecting points at latitude 50°41′32.5″ north and longitude 128°22′38.9″ west and latitude 50°20′45.2″ north and longitude 128°45′32.4″ west; Then along a rhumb line to a point at latitude 50°20′45.2″ north and longitude 128°45′32.4″ west; Then along a rhumb line to a point at latitude 50°09′49.0″ north and longitude 129°21′08.0″ west; Then along a rhumb line to a point at latitude 50°24′19.3″ north and longitude 130°00′37.4″ west; Then along a rhumb line to a point at latitude 51°06′04.3″ north and longitude 130°08′26.1″ west; Then along a rhumb line to a point at latitude 51°14′33.9″ north and longitude 128°55′45.5″ west; Then along a rhumb line to a point at latitude 51°14′57.6″ north and longitude 128°47′01.2″ west; Then along a rhumb line to a point at latitude 51°15′05.0″ north and longitude 128°36′45.5″ west; Then along a rhumb line (or the production of the rhumb line) to a point on the ordinary high water mark at latitude 50°50′37.2″ north and longitude 128°10′39.1″ west; Then generally southwesterly and generally southeasterly along the ordinary high water mark to the mouth of Hansen Lagoon at latitude 50°44′23.3″ north and approximate longitude 128°24′09.5″ west; Then along a line across the mouth of Hansen Lagoon to a point on the ordinary high water mark at approximate latitude 50°43′39.54″ north and longitude 128°23′22.7″ west; Then along the ordinary high water mark to the point of commencement. Except all islands and all foreshore lying above the low water line. The described area containing approximately 11 546 square kilometres.
Proclamation renaming “National Aboriginal Day” held on June 21 of each year as “National Indigenous Peoples Day” — Proclamation renaming “National Aboriginal Day” held on June 21 of each year as “National Indigenous Peoples Day”
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
Proclamation renaming “National Aboriginal Day” held on June 21 of each year as “National Indigenous Peoples Day” — Proclamation renaming “National Aboriginal Day” held on June 21 of each year as “National Indigenous Peoples Day”
TO ALL TO WHOM these presents shall come or whom the same may in any way concern,
Proclamation renaming “National Aboriginal Day” held on June 21 of each year as “National Indigenous Peoples Day” — Proclamation renaming “National Aboriginal Day” held on June 21 of each year as “National Indigenous Peoples Day”
Whereas the Constitution of Canada recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada;