Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1.03
1.03 The following definitions apply in these rules, unless the context otherwise requires. affidavit means a written statement in Form 2 confirmed by oath, or a solemn affirmation. ( affidavit ) applicant means a person who makes an application. ( requérant ) application means a proceeding commenced by a Notice of Application in Form 1, whether described in the enabling legislation or other authority as an application or motion. ( application ) Charter means the Canadian Charter of Rights and Freedoms . ( Chartre ) clerk means the clerk of the court. ( greffier ) Code means the Criminal Code . ( Code ) counsel means a barrister and solicitor entitled to practise in the Province of Newfoundland and Labrador. ( avocat ) counsel of record means the counsel who represents or represented the accused in the proceedings that are the subject of the application. ( procureur commis au dossier ) court means the Provincial Court of Newfoundland and Labrador for the court centre in which a proceeding is commenced or pending or being heard, as the case may be. ( tribunal ) court office means the office of the clerk for the court centre in which the proceeding is commenced, pending or being heard, as the case may be. ( greffe ) deliver means to serve and file with proof of service, and delivery has a corresponding meaning. ( remettre ) document includes a Notice of Application, affidavit or any other material required or permitted to be served and filed under these rules. ( document ) hearing means the hearing of an application, motion or preliminary inquiry, or a trial. ( audience ) holiday means (a) any Saturday or Sunday; (b) any proclaimed under or in accordance with the Shops Closing Act ; (c) any special holiday proclaimed by the Governor General or the Lieutenant Governor; and (d) that, if New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday. ( jour férié ) information includes (a) a count in an information; and (b) a complaint in respect of which a judge is authorized by an Act of Parliament or an enactment made thereunder to make an order. ( dénonciation ) judge means a judge of the court and includes a justice of the peace when the context requires. ( juge ) judgment means a decision that finally disposes of an application, preliminary inquiry, trial or other proceeding on its merits, and includes a judgment entered in consequence of the default of a party. ( jugement ) order includes a judgment. ( ordonnance ) proceeding includes an application, trial, preliminary inquiry or other hearing. ( instance ) prosecutor means the Attorney General or, if the Attorney General does not intervene, means the person who institutes proceedings to which the Code applies, and includes counsel acting on behalf of either of them. ( poursuivant ) respondent means a person against whom an application is made. ( intimé ) statute includes the Code and any other statute passed by the Parliament of Canada to which the Code provisions apply. ( loi )