GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.19
40.19 (1) Where a notice of appeal, factum or appeal in writing includes a direct or indirect allegation that the appellant’s trial counsel was incompetent or for any other reason provided ineffective assistance, the counsel filing the notice of appeal, factum or appeal in writing and the respondent shall notify the clerk of the appeal court forthwith of the allegation. (2) Upon being notified in accordance with subrule (1), the clerk of the appeal court shall set a date for the attendance of the parties for directions by a judge. (3) Where a notice of appeal directly or indirectly raises the issue of incompetence or ineffective assistance of counsel at trial, the parties to the appeal shall comply with the Superior Court of Justice Protocol – Allegations of Incompetence (Schedule 1).
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.20
40.20 (1) Where the appellant’s factum is filed, a judge may review it and assign a time estimate for the hearing of the appeal. (2) When a judge assigns a time estimate that is different from the appellant’s time estimate, the clerk of the appeal court shall notify the parties in writing of the change, and the content of subrule (3). (3) Any time assigned for the hearing of the appeal by a judge, other than the judge hearing the appeal, is subject to revision by the judge hearing the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.21
40.21 On the appeal from sentence only, the appellant shall be limited to 15 minutes for oral argument, the respondent to 10 minutes, and the appellant to 5 minutes for reply, except with the leave of the judge hearing the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.22
40.22 (1) Where an appellant fails to appear personally, or by a counsel of record, on the date and at the time fixed for the hearing a judge may, on proof that notice of hearing of the appeal has been given, dismiss the appeal for want of prosecution. (2) Where a respondent fails to appear personally, or by a counsel of record, on the date and at the time fixed for the hearing of the appeal a judge may, upon being satisfied that the appellant has not him or herself defaulted under subrule (1), determine the appeal in the absence of the respondent or argument from the respondent, as the case may be.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.23
40.23 (1) In every appeal where reasons are given in writing or given orally and later reduced to writing, the clerk of the appeal court shall send a copy of the reasons: (a) where an appellant or respondent has appeared in person, to the appellant or respondent, as the case may be, (b) where the appellant or respondent has appeared by a counsel of record, to the counsel of record for the appellant or respondent, as the case may be, (c) to the trial court from which the appeal was taken, and, (d) to the Regional Senior Judge of the Ontario Court of Justice in the region in which the proceedings arose. Where Reasons in Writing Not Given (2) Where reasons in writing are not given, the clerk of the appeal court shall notify the trial court of the result of the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41.01
41.01 This rule applies to applications for an order: (a) under section 261 of the Code , directing that any order under subsection 259(1) or (2) of the Code arising out of a conviction or discharge in respect of an offence under any of sections 220, 221, 236, 249 to 255 or 259 of the Code be stayed pending the final disposition of an appeal or until otherwise ordered by the court; and, (b) under subsection 683(5) of the Code , directing that any order there described be suspended until an appeal under section 813 of the Code has been determined.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41.02
41.02 Applications under rule 41.01 shall be made to a judge in the region or county in which the appeal to which the application relates is to be heard.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41.03
41.03 (1) The notice of application in Form 1 under this rule shall be accompanied by: (a) a copy of the information in which is contained the charge upon which the applicant was convicted or discharged of the offence to which the application relates; (b) a copy of the notice of appeal and any supplementary notice of appeal; (c) a properly signed and commissioned affidavit of the applicant deposing to the matters described in subrule (2); and, (d) a copy of any other material in the court file that is necessary for the hearing and determination of the application. Affidavit of the Applicant (2) The affidavit of the applicant required by paragraph (1)(c) shall contain: (a) particulars of the offence of which the applicant was convicted or discharged, including reference to the results of any analyses 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) particulars of the applicant’s driving record, if any; (c) a statement of the applicant’s places of abode in the three years preceding his conviction or discharge and where the applicant proposes to reside pending the determination of the appeal; (d) particulars of the applicant’s employment prior to conviction or discharge, and whether such employment is reasonably expected to continue pending the determination of the appeal; (e) particulars of the applicant’s criminal record, if any; (f) a statement whether the applicant is addicted to the use of alcohol or other drugs and, if so, what steps, if any, the applicant has undertaken or proposes to undertake for the treatment of such addiction pending the determination of the appeal; and, (g) particulars of what unnecessary hardship would be caused to the applicant if the stay or suspension were not entered. Applicant’s Application Record (3) Unless otherwise ordered by the judge hearing the application, the applicant shall prepare, serve and file an application record in accordance with rule 41.03, but no factum shall be required. Respondent’s Application Record (4) The respondent may prepare, serve and file a respondent’s application record in accordance with rule 41.03 but no factum shall be required. SI/2014-5, s. 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41.04
41.04 (1) Service of the notice of application under subrule 41.03(1) and of the supporting materials required by subrule 41.03(2) shall be made upon the respondent, in accordance with rule 5, at least 2 clear days before the date fixed for the hearing of the application. Filing with Proof of Service (2) The notice of application and supporting materials, together with proof of service thereof, shall be filed at least 2 clear days before the date fixed for the hearing of the application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41.05
41.05 The respondent may consent in writing to the order sought upon terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of counsel.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41.06
41.06 Unless otherwise ordered by the judge hearing the application or determining the application in chambers on consent, an order staying or suspending an order imposed by the trial court shall contain a date when the stay or suspension will expire that is not later than 9 months from the date of the order.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 42.01
42.01 This rule applies to applications by a person who was the defendant in a summary conviction proceeding and by whom an appeal has been taken under section 813 or 830 of the Code for release from custody pending the hearing or determination of the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 42.02
42.02 An application referred to in rule 42.01 shall be made to a judge in the region or county in which the appeal to which the application relates is to be heard.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 42.04
42.04 (1) Service of the notice of application and of the supporting materials required by subrule 42.03(1) shall be made upon the respondent, in accordance with rule 5, at least 2 clear days prior to the date fixed for the hearing of the application. Filing with Proof of Service (2) The notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the appeal court in the place where the application is to be heard, at least 2 clear days before the date fixed for the hearing of the application. Consent to Abridgment or Extension of Time (3) Any time prescribed by this rule for serving or filing the notice of application or supporting materials may be abridged or extended by consent in writing endorsed on the relevant document by the party served.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 42.05
42.05 (1) An order directing the terms upon which an accused is to be released from custody pending appeal upon application under this rule may be in Form 10. Sufficiency of Order (2) An order in Form 10 shall be sufficient authority for a justice of the peace to prepare the necessary undertaking or recognizance when satisfied that any condition precedent thereto has been met. Consent in Writing (3) The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 10A, and a judge may grant such order without the attendance of counsel. Conditions of Release (4) Unless otherwise ordered by the judge hearing the application, every order for release from custody pending appeal shall contain the conditions: (a) that the appellant will surrender into custody at the institution from which he or she is released, or such other institution as may be specified in the order, by 6:00 p.m. on the day prior to the hearing of the appeal or such other day as is specified in the order, (b) that the appellant acknowledges that failure to surrender into custody in accordance with the terms of the order will be deemed to constitute an abandonment of the appeal, (c) that the appeal will be pursued with all due diligence, (d) that the appellant will keep the peace and be of good behaviour, and, (e) that the appellant will advise the clerk of the appeal court of his or her place of residence. Expiration of Release Orders (5) Unless otherwise ordered by the judge hearing the application, an order directing the release of the appellant from custody pending appeal shall contain a date when the order will expire that is not more than 9 months from the date of the order. Variation of Bail (6) A judge may, on cause being shown, cancel an order previously made under section 816 of the Code and may make any order that could have been made under that section. Order May be Made without Attendance of Counsel (7) An order for a new recognizance or undertaking varying a condition may be made by a judge without the attendance of counsel, upon filing the written consent of counsel for the respondent. Content of Material to be Filed (8) Where the appellant seeks an order under subrule (6) which varies the condition referred to in paragraph (4)(a), the material filed in support of the application shall contain a summary of the status of the appeal, an explanation for any failure to comply with the rules and, where applicable, the earliest feasible date on which the appeal may be heard. SI/2014-5, s. 28
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 43.01
43.01 This rule applies to applications in criminal matters by way of certiorari , habeas corpus , mandamus , procedendo and prohibition, including applications to quash a subpoena , warrant, conviction, inquisition or other order or determination and applications for discharge of a person in custody.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 43.02
43.02 Applications made under rule 43.01 shall be made to a judge of the court in the region, county or district in which the proceedings to which the application relates have been, are being or are to be taken.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
By virtue of subrule 43.03(3) of the Criminal Proceedings Rules for the Superior Court of Justice (Ontario) , you are, upon receiving this notice, to return forthwith to the Clerk’s Office at true copies of the conviction (or as the case may be) herein referred to, together with true copies of the indictment, information, exhibits and papers or other documents touching the matter, as fully and as entirely as they remain in your custody, together with this notice and the certificate prescribed in the said rule.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Pursuant to the accompanying notice I herewith return to this Honourable Court the following:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 1
True copies of: 1 the information; 2 the conviction ( or as the case may be ); 3 the exhibits, if capable of reproduction and relevant to the matters in question; 4 any other papers or documents touching the matter , if capable of reproduction and relevant to the matters in question.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 2
2 the conviction ( or as the case may be );
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 3
3 the exhibits, if capable of reproduction and relevant to the matters in question;
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4
4 any other papers or documents touching the matter , if capable of reproduction and relevant to the matters in question.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
And I hereby certify to this Honourable Court that I have above truly set forth all exhibits, papers and documents in my custody or power relating to the matter set forth in the said notice of application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Court Services Manager (or coroner, as the case may be)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 43.04
43.04 (1) An applicant shall give notice of application in Form 1 and in accordance with rule 43.03 within 30 days after the day on which the order which is the subject of the application was made or given. General Rule (2) Notice of application shall be given: (a) where the application includes an application for prohibition, by personal service upon the provincial court judge, justice or justices, coroner or other person whose order is the subject of the application; and, (b) where the applicant is Her Majesty the Queen in Right of Ontario or Canada, as represented by the Attorney General, and the respondent is an accused not represented by a solicitor, by personal service on the respondent, or, where the respondent is an accused represented by a solicitor, on the solicitor of record; or, (c) where the respondent is Her Majesty the Queen in Right of Ontario or Canada, as represented by the Attorney General, by service upon the prosecutor in accordance with rule 5; and, (d) by filing, or sending by prepaid registered mail to the office of the clerk of the court in the place where the application is to be heard, two copies of the notice of application, together with proof of service thereof, and the application shall be returnable within 30 days of service. Extension of Time (3) A judge, either before or upon the hearing of the application may, by order, extend any time prescribed by this rule, on such terms as appear just. Consent to Extension of Time (4) Any time prescribed by this rule for serving or filing the notice of application or supporting materials may be extended by consent in writing endorsed on the relevant document by the party served or in such other form as a judge of the court may direct.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 43.05
43.05 (1) The notice of application in Form 1 shall be accompanied by: (a) a copy of the subpoena , warrant, conviction or other order or determination which is the subject of the application; (b) a copy of the indictment (information) containing the charge to which the application relates; (c) where there is no or an incomplete record of the proceedings giving rise to the issuance of the subpoena , warrant or other order or determination which is the subject of the application, an affidavit of or on behalf of the applicant deposing to the matters described in subrule (2); (d) a transcript of the proceedings giving rise to the issuance of the subpoena , warrant or other order or determination which is the subject of the application; and, (e) a copy of any other material in the court file that is necessary for the hearing and determination of the application. Affidavit of or on Behalf of the Applicant (2) The affidavit of or on behalf of the applicant described in paragraph (1)(c) shall include: (a) a description of the affiant’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, together with a date or dates scheduled for trial or preliminary inquiry in respect of such charge; (c) a statement of all facts material to a just determination of the application which are not disclosed in any other materials filed in support of the application; (d) where the applicant seeks habeas corpus to obtain release from custody, the consent of the applicant to dispense with the issue of the writ of habeas corpus , the return thereto, and the presence of the applicant before the judge determining the application; and, (e) where 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. Cross-Examination on Affidavits (3) Where an affidavit has been filed under this rule, the party opposite may cross-examine on such affidavit in accordance with rule 6.07. Use of Agreed Statement of Facts (4) A judge, before or upon the hearing of the application, may act upon a statement of facts in accordance with rule 6.09. Applicant’s Application Record and Factum (5) The applicant shall prepare, serve and file an Application Record and Factum in accordance with subrules 6.05(1) and (2) and rule 33. Respondent’s Application Record and Factum (6) The respondent shall prepare, serve and file an Application Record and Factum in accordance with subrules 6.05(3) and (4) and rule 33. SI/2014-5, ss. 30, 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 43.06
43.06 The respondent may consent in writing to the order sought upon terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted in the circumstances, may grant the order on such terms as are contained in the draft order filed without the attendance of solicitors.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 1
1 Before raising the incompetence or ineffective assistance of counsel, or that counsel otherwise contributed to a miscarriage of justice, appellate counsel has an obligation to satisfy themselves as soon as possible, by personal inquiry or investigation, that there is some factual foundation for the allegation, apart from the instructions of the appellant: R. v. Elliott (1975), 28 C.C.C. (2d) 546 (Ont. C.A.), R. v. Hofung (2001), 154 C.C.C. (3d) 257 at paras. 47-48 (Ont. C.A.), R. v. Wells (2001), 139 O.A.C. 356 at para. 76.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 2
2 Appellate counsel should provide trial counsel, including duty counsel, with informal notice of the general nature of the potential allegations concerning ineffective assistance, and give counsel a reasonable opportunity to respond to the potential allegations. While not essential to permit trial counsel to respond ( R. v. Dunbar and Logan (1982), 68 C.C.C. (2d) 13 (Ont. C.A.)), appellate counsel should seek a waiver in writing of solicitor-client privilege with respect to communications between the Appellant and trial counsel, insofar as it is necessary to preserve the professional integrity of counsel, while responding to the allegation. The waiver should be filed with the Notice of Appeal, or Supplementary Notice of Appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 3
3 When appellate counsel decides to make the allegation public in a Notice of Appeal, Supplementary Notice of Appeal, Factum or affidavit, appellate counsel must first provide trial counsel with a copy of the document. Similarly, appellate counsel must provide trial counsel with a copy of subsequent documents that deal with the allegations.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4
4 When the Notice of Appeal alleging the incompetence or ineffective assistance of counsel, or that counsel otherwise contributed to a miscarriage of justice, is filed, appellate counsel shall notify the clerk of the appeal court and the Crown Attorney or Federal Prosecutor that a judge is required to supervise the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5
5 Where the Crown receives a Notice of Appeal in which the ineffective assistance of trial counsel etc. is raised by appellate counsel or an unrepresented litigant, and no request has been made for the appointment of a judge to supervise the appeal, the Crown shall notify the clerk of the appeal court that a judge is required to supervise the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6
6 Upon receipt of a request for the appointment of a judge to supervise an appeal, the clerk of the appeal court shall transfer the appeal file to the Regional Senior Justice or his / her designate, to appoint a judge to supervise the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 7
7 A Crown Attorney shall be assigned to deal with all issues relating to the appeal, not later than the date upon which the request is made to appoint a judge to supervise the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 8
8 The assigned judge shall conduct conference(s) with counsel to supervise the subsequent progress of the perfection and argument of the appeal, and hear pre-appeal applications by counsel. The judge shall conduct the supervision in the manner that best accomplishes the objectives of fairness in dealing with allegations of professional incompetence, and the need to have appeals heard in a timely fashion. This may, but not necessarily must, involve the procedures covered in the Court of Appeal’s Procedural Protocol (Appendix A). Conferences with counsel representing both parties shall be held in chambers or by conference call, subject to the discretion of the assigned judge. Conferences with unrepresented litigants should be held in court with a court reporter present.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 9
9 Whether or not trial counsel has filed an affidavit, either party to the appeal may apply to the assigned judge to compel the appearance of trial counsel to be examined, either in or out of court, before the appeal.