Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 9.03
Materials for use on application 9.03 (1) If the applicant is the accused, the notice of application must be accompanied by (a) the affidavit of the applicant containing the matters required under paragraphs (3)(a) to (e); (b) if it is practicable to do so, the affidavit of the current or prospective employer by whom it is proposed that the accused be employed if released; and (c) if it is practicable to do so, the affidavit of any person who is proposed to serve as a surety for the accused if released, indicating his or her willingness to serve as a surety and the amount for which he or she is to be liable. Materials for use on application — previous order (2) If the applicant seeks to review an order made previously, the notice of application must be accompanied by (a) a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings under review and any previous review proceedings have been ordered, and that the order for the copies has been accepted; and (b) a legible copy of any exhibits capable of reproduction that were filed in the judicial interim release hearing or in any previous review proceeding. Affidavit of applicant who is accused (3) The affidavit of the applicant required by paragraph (1)(a) must indicate (a) the particulars of the charge in respect of which release is sought and any other charge outstanding against the applicant, together with the date or dates scheduled for the trial or preliminary inquiry in respect of the charges; (b) the applicant’s place of residence in the three years before the date of the offence charged in respect of which release is sought, as well as the place where the applicant proposes to reside if released; (c) the applicant’s employment in the three years before the date of the offence charged in respect of which release is sought, and whether the applicant expects to be employed if released and, if so, where the applicant expects to be employed; (d) where the applicant proposes that he or she be released by the giving of an undertaking with conditions or by entering into a recognizance with sureties, deposit or conditions, if it is practicable, the terms and conditions of the order sought, including the amount of any recognizance or deposit, as well as the names of any proposed sureties and the amount for which each proposed surety is to be liable; and (e) the particulars of the applicant’s prior record, if any. Affidavit of applicant in custody (4) When the applicant is in custody, the registrar may accept the applicant’s unsworn affidavit for filing if (a) counsel for the applicant files a written undertaking to file a sworn affidavit at, or before, the judicial interim release hearing; or (b) the applicant is to appear at the judicial interim release hearing by video link and the truth of the contents of the unsworn affidavit is to be confirmed by the accused to be true at the hearing. Affidavit of prosecutor (5) If the applicant is the prosecutor or if, as respondent, the prosecutor intends to rely on material other than material that is required to be filed under subrule (1) or (2), the prosecutor must file an affidavit that sets out the facts on which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code.