GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
Charter means the Canadian Charter of Rights and Freedoms Part I of the Constitutional Act, 1982 . ( Charte )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
Chief Justice means the Chief Justice of the Court or, if no Chief Justice is appointed, the senior judge. ( juge en chef )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
Clerk means the Clerk of the Court appointed under the Judicature Act , R.S.N.W.T. 1988, c. J-1, and includes a deputy clerk. ( greffier )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
counsel means the solicitor representing a party on a proceeding and includes the solicitor of record or an agent of that solicitor. ( avocat )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
Court means the Supreme Court of the Northwest Territories and includes a judge. ( tribunal )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
judge means a judge of the Court and includes a deputy and an ex officio judge. ( juge )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
originating process includes a notice of motion and a notice of appeal. ( acte introductif d’instance )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
proceeding includes a trial, application, appeal or other hearing. ( instance )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
prosecutor means the Attorney General or, where the Attorney General does not intervene, the person who institutes a proceeding to which the Code applies, and includes counsel acting on behalf of either of them. ( poursuivant )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
respondent means a person against whom an application is made or an appeal is brought, as the case may be. ( intimé )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
solicitor means a barrister and solicitor entitled to practise law in the Northwest Territories who has, on behalf of an accused, appeared in court or filed documents in a proceeding. ( procureur )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
solicitor of record means the solicitor who represents or represented the accused in the proceeding that is the subject of the application or the appeal. ( procureur inscrit au dossier )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 2
Interpretation 2 Unless otherwise provided in these Rules, sections 2 and 3 of the Code apply to these Rules.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 3
Application 3 These Rules apply to all proceedings, within the jurisdiction of the Court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such proceedings.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 4
Intention of Rules 4 These Rules are intended to provide for the just determination of every criminal proceeding and shall be liberally construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 5
Where matter not provided for in Rules 5 Where a matter is not provided for in the Code or these Rules, the procedure shall be as specified by the Court or determined by analogy to the rules of the Court relating to civil actions.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 6
Where accused acts in person 6 Where an accused is not represented by a solicitor but acts in person, anything that these Rules require a solicitor to do shall be done by the accused and anything that these Rules permit a solicitor to do may be done by the accused.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 7
Reference to subrule 7 A reference in these Rules to a subrule is a reference to the subrule of the rule in which the reference occurs, unless the context indicates otherwise.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 8
Forms 8 The forms set out in the schedule shall be used where applicable and with such modifications as the circumstances require.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 9
Personal service not required 9 Unless these Rules or an order of the Court requires otherwise, a notice of motion, notice of appeal or other document need not be served personally.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 10
Manner of service 10 A document that is not required to be served personally (a) shall be served on a party who has a solicitor of record by serving the solicitor in a manner provided in rule 11 or 12; or (b) may be served on a party acting in person or on a person who is not a party (i) by mailing a copy of the document to the last address for service provided by the party or person or, if no such address has been provided, to the last known address of the party or person, or (ii) by personal service.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 11
Service on solicitor of record 11 Service of a document on the solicitor of record of a party may be made (a) by mailing a copy of the document to the solicitor’s office; (b) by leaving a copy of the document with a solicitor or employee in the solicitor’s office; or (c) by transmitting, by telecopier, a copy of the document accompanied by a cover page indicating the following: (i) the sender’s name, address and telephone number, (ii) the name of the solicitor being served, (iii) the date and time of transmission, (iv) the total number of pages transmitted, including the cover page, (v) the telecopier telephone number from which the document is transmitted, and (vi) the name and telephone number of a person to contact in the event of transmission problems.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 12
Service on prosecutor 12 In addition to the methods of service listed in rule 11, the prosecutor in a proceeding may be served with a document by leaving a copy of the document at the office of the prosecutor having carriage of the proceeding.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 13
Service by mail 13 (1) Service of a copy of a document by mail under these Rules shall be effected by sending it by prepaid, registered or certified mail. (2) Unless there is evidence to the contrary, service of a document by mail is deemed to be effective on the seventh day after the day on which the document is mailed.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 14
Evidence respecting notice 14 Notwithstanding that a person has been served with a document in accordance with these Rules, the person, on a motion to set aside the consequences of default, for an extension of time or in support of a request for an adjournment, may show that the document (a) did not come to his or her notice; or (b) came to his or her notice only at some time later than the time it was served or is deemed to have been served.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 15
Order validating service 15 Where a document has been served in a manner other than one specified in these Rules or in an order, the Court may make an order validating the service if the Court is satisfied that (a) the document came to the notice of the person to be served; or (b) the document was served in a manner such that it would have come to the notice of the person to be served, except for the person’s own attempt to evade service.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 16
Substitutional service, dispensing with notice 16 (1) Where it appears to the Court that it is impractical for any reason to effect prompt service of a document in accordance with these Rules, the Court may make an order (a) for substitutional service; or (b) dispensing with service, if the Court considers it necessary in the interests of justice. (2) Where the Court makes an order for substitutional service, it shall specify in the order when service in accordance with the order shall be deemed to be effective.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 17
Application of Part 17 This Part applies to all proceedings commenced by notice of motion, except where these Rules provide otherwise or as ordered by a judge.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 18
Commencement of application 18 Where the Code, or any other enactment to which the procedural provisions of the Code apply, authorizes, permits or requires that an application or motion be made to, or an order or determination be made by, a judge of or presiding in the superior court of criminal jurisdiction or a judge as defined in section 552 of the Code, other than a judge presiding at trial on an indictment, the application or motion shall be made by notice of motion in Form 1 of the schedule.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 19
Contents of notice of motion 19 A notice of motion must set out the following: (a) the place, date and time of the hearing; (b) the precise relief sought; (c) the grounds to be argued, including 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 — 20
Service of notice of motion 20 (1) A notice of motion, together with all supporting evidence, shall be served on all parties. (2) Where there is uncertainty whether anyone not a party to an application or motion should be served, the applicant may apply ex parte to a judge for an order for directions. (3) Except where otherwise provided, a notice of motion shall be served at not less than seven days before the day the application is to be heard. (4) The notice of motion and supporting evidence may be served before it is filed with the Clerk.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 21
Hearing in chambers of court 21 An application may be heard in chambers or in court as the presiding judge directs.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 22
Direction for written argument 22 Where all parties agree, the Court may, on such terms as it considers just, direct that argument on an application be presented in writing rather than on the personal appearance of parties or the solicitors for the parties.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 23
Consent to draft order 23 The respondent may consent in writing to an order sought on the terms that are set out in the draft order and a judge, if satisfied that the relief sought by an applicant should be granted, may grant the order on the terms set out without the attendance of counsel.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 24
Application by telephone or video conference 24 (1) With consent of all parties and with leave of the judge, an application may be made by telephone or by video conference to a judge in chambers. (2) A judge who hears an application by telephone or video conference may, where the judge considers that the personal attendance of the solicitors for the parties or the accused is desirable, direct that the application be heard or completed in chambers or in court with the personal attendance of the solicitors or the accused.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 25
Memorandum of cases and authorities 25 Unless otherwise ordered, the solicitor for each party to an application shall, not less than 48 hours before the application is to be heard, file and serve a memorandum setting out the cases, statutory provisions and any other authorities the solicitor intends to rely on at the hearing.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 26
Affidavit evidence 26 (1) Evidence on an application may be given by affidavit unless the Code or other applicable statute provides or a judge orders otherwise. (2) A deponent may state in an affidavit only facts that are within the personal knowledge of the deponent or other evidence that the deponent would be permitted to testify to as a witness in court. (3) An affidavit may contain statements of the deponent’s information and belief with respect to facts that are not contentious, if (a) the source of the information and the fact of belief are specified in the affidavit; or (b) these Rules do not provide otherwise.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 27
Cross-examination on affidavit 27 (1) Subject to the Code and any other applicable statute or rule of law, a deponent may be cross-examined on his or her affidavit (a) before the return date of the application where there is sufficient time to permit a transcript of the cross-examination to be filed with the Clerk before that date; or (b) before the judge presiding on the hearing of the application, with leave of that judge. (2) The deponent to be cross-examined may be required to attend for cross-examination in the same manner as a party to be examined for discovery pursuant to the rules of the Court relating to civil actions.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 28
Oral evidence 28 (1) A witness may be examined or cross-examined on the hearing of an application with leave of the presiding judge. (2) Nothing in these Rules shall be construed to affect the authority of a judge hearing an application to receive evidence through the examination of witnesses.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 29
Power of judge 29 A judge, before or on the hearing of an application, may dispense with the filing of a transcript or an affidavit required by these Rules and act on a statement of facts agreed to by the prosecutor and the accused.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 30
Abandonment 30 (1) An applicant who desires to abandon his or her application shall file and serve a notice of abandonment in Form 2 of the schedule that is (a) signed by the solicitor of record on the application; or (b) signed by the applicant and (i) accompanied by an affidavit of execution verifying the signature, or (ii) witnessed by an officer of the institution in which the applicant is confined. (2) On the filing of a notice of abandonment, the Clerk shall note the application dismissed as abandoned without the attendance of counsel or the applicant. (3) An applicant who fails to appear, either in person or by a solicitor, at the hearing of an application shall be deemed to have wholly abandoned the application.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 31
Application of Part 31 (1) This Part applies to an application (a) by an accused under subsection 520(1) or (8) of the Code, or for an order under subsection 522(2) of the Code; (b) by the prosecutor under subsection 521(1) of the Code; and (c) by an accused or the prosecutor at any time before trial for an order under subparagraph 523(2)(c)(ii) of the Code. (2) This Part, except for the requirement to file a notice of motion in subrule 32(1), applies, with such modifications as the circumstances require, to proceedings for a review of detention under section 525 of the Code.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 32
Application 32 (1) An application shall be made by notice of motion in Form 1 of the schedule. (2) A notice of motion must be accompanied by the following: (a) where the applicant is the accused, an affidavit of the applicant containing the information specified in subrule (3); (b) where the applicant is the accused and it is practicable to do so, an affidavit of each person proposed to serve as a surety for the accused if released, disclosing that person’s willingness to serve as a surety and the amount for which that person is to be liable; (c) where the applicant seeks a review of an order earlier made, a transcript of the proceedings on the judicial interim release hearing under section 515 or 522 of the Code, as the case may be, and of any previous review proceeding taken before a justice or judge; and (d) a legible copy of each exhibit capable of reproduction that was filed on the judicial interim release hearing or in any previous review proceeding. (3) The affidavit of the applicant required by subrule (2)(a) must disclose (a) the particulars of the charge on which release is sought and any other charge outstanding against the applicant, together with the dates scheduled for trial or preliminary inquiry in respect of the charges, if such dates are known; (b) the applicant’s record of criminal convictions, if any; (c) the applicant’s place of residence in the three years preceding the date of the offence charged on which release is sought and the place where the applicant proposes to reside if released; (d) the applicant’s employment in the three years preceding the date of the offence charged on which release is sought and a statement indicating whether and where the applicant expects to be employed on release; and (e) the conditions on which the applicant proposes that release be granted including, where practicable, (i) the amount of any recognizance or deposit, and (ii) the name and address of any proposed surety and the amount for which each proposed surety is to be liable. (4) Where a transcript of a previous review proceeding is not available, the applicant’s affidavit must contain a summary of the material evidence given at the previous proceeding. (5) Where the applicant is the prosecutor or where, as respondent, the prosecutor desires to assert that the detention of the accused is necessary in the interest of public safety, the prosecutor may file an affidavit setting out the facts on which he or she relies, including the evidence referred to in paragraph 518(1)(c) of the Code.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 33
Memorandum not required 33 Notwithstanding rule 25, a memorandum of cases, statutory provisions and other authorities is not required for an application.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 34
Notice 34 A notice of motion and the supporting materials shall be served on the accused or prosecutor, as the case may be, in accordance with subsection 520(2) of the Code.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 35
Order 35 (1) An order directing the terms on which an accused is to be released from custody on application under this Part may be in Form 3 of the schedule. (2) An order in Form 3 of the schedule is sufficient authority for a justice or the Clerk to execute the necessary undertaking or recognizance when satisfied that any condition precedent to the order has been met.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 36
Manner of setting date and place 36 The Chief Justice may, from time to time, give directions respecting the manner of setting the date and place of trials.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 37
Place of trial 37 (1) Unless the convenience of the parties and witnesses otherwise requires, a trial shall be held in the community (a) at or nearest the place where the offence is alleged to have been committed; and (b) in which there are adequate facilities available to house the court and jury and to conduct the trial. (2) Where there is a concern that the facilities at a proposed place of trial are not adequate, a judge may direct the Clerk or Sheriff to investigate the availability of adequate facilities and make a report in accordance with subrule (3). (3) The report of the Clerk or Sheriff shall (a) contain a specific recommendation as to the feasibility of holding the trial at the community at or nearest the place where the offence is alleged to have been committed; and (b) make a recommendation, if necessary, as to alternate places of trial. (4) The Clerk or Sheriff, as the case may be, shall provide the report to the judge, to the accused, or his or her counsel, and to the prosecutor. (5) Where the Clerk or Sheriff, as the case may be, recommends that the trial should not be held at the place where it would normally be held under subrule (1), a judge may entertain submissions from the accused and the prosecutor as to a suitable place for trial. (6) Nothing in this rule limits the discretion of the Court to determine the place of trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 38
Application for change of venue 38 (1) An application for a change of venue of a trial shall be made by notice of motion in Form 1 of the schedule (a) before the commencement of the trial; or (b) in the case of a jury trial, not less than 21 days before the date scheduled for the selection of the jury for the trial. (2) An application may be heard by the trial judge or by any other judge. (3) An application must be supported by an affidavit of or on behalf of the applicant setting out with particularity the grounds relied on for the application and the proposed place of trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 39
Place of pre-trial applications 39 Notwithstanding the place of trial, an application or proceeding that may be taken before the trial may be heard at such place as the judge considers appropriate, having regard to the convenience of the Court and the parties.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 40
Application of Part 40 This Part applies to an application on behalf of an accused or the prosecutor for an order adjourning trial proceedings after a date has been fixed for trial, but before commencement of the trial.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 41
Judge 41 An application for an adjournment may be heard by the trial judge or by any other judge.