GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 10.02
Applications for Attendance at Court Proceedings 10.02 (1) Applications under rule 10.01 made under subsection 527(1) of the Code shall be made to a judge sitting in the court centre in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the required attendance to ensure that no adjournment of the proceedings will be required for that purpose. Applications for Transfer from Custody (2) Applications under rule 10.01 made under subsection 527(7) of the Code shall be made to a judge sitting in the court centre to which the prisoner or the person in the custody of a peace officer is to be transferred or in which the prisoner is incarcerated or in which the person is in the custody of a peace officer.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 10.03
10.03 The Notice of Application and supporting materials shall be filed in the court office for the place where the application is to be determined, as soon as is reasonably practicable, before the day on which the application is to be determined.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.01
11.01 This rule applies to applications under section 709 of the Code on behalf of an accused or the prosecutor for an order appointing a commissioner to take the evidence of a witness.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.02
11.02 Applications under rule 11.01 shall be made to a judge sitting in the court centre in which the preliminary inquiry or trial is being held or is to be held, either before or as soon as is reasonably practicable after the date has been fixed for the preliminary inquiry or trial.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.03
11.03 A Notice of Application under rule 11.01 shall include a statement of whether the presence of the accused is required on the taking of the evidence and whether the proceedings on commission are to be videotaped.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.04
11.04 Service of the Notice of Application under rule 11.03 and the supporting materials required by rule 11.05 shall be made on the prosecutor or accused, as the case may be.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.06
11.06 The respondent may consent in writing to the order sought on terms included in a draft order in Form 10 that is filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.07
Contents of Order 11.07 (1) If an order is made that the evidence of a witness may be taken by a commissioner, the judge granting the order may determine (a) the time and place of the examination; (b) the minimum notice period required; (c) the name of the commissioner; (d) the witness fee, if any, to be paid to the witness whose evidence is to be taken by the commissioner; and (e) any other matter respecting the holding of the examination, including the presence of the accused and his or her counsel on any commission and payment of those expenses of the commission that are to be borne by the applicant. Commission and Letter of Request (2) If the witness is to be examined outside Newfoundland and Labrador, the order under subrule (1) shall be in Form 12 and shall, at the request of the applicant, provide for the issuing of (a) a commission in Form 10 authorizing the taking of evidence before a named commissioner; and (b) a letter of request in Form 11, directed to the judicial authorities of the jurisdiction in which the proposed witness is to be found, requesting the issuing of any process that is necessary to compel the witness to attend and be examined before the commissioner. (3) The commission and letter of request shall be prepared and issued by the clerk. Duties of Commissioner (4) A commissioner shall, to the extent that it is possible to do so, conduct the examination in the form of oral questions and answers in accordance with these rule, the law of evidence applicable to criminal trials and the terms of the commission, unless some other form of examination is required by the order or the statutes of the place where the examination is conducted. (5) As soon as the transcript of the examination is prepared, the commissioner shall (a) return the commission, together with the original transcript and exhibits, to the clerk who issued it; (b) keep a copy of the transcript and, when practicable, the exhibits; and (c) notify the parties who appeared at the examination that the transcript is complete and has been returned to the clerk who issued the commission. Applicant to Serve Transcript (6) The clerk shall send the transcript to the counsel of record for the applicant or to the applicant, as the case may be, who shall forthwith serve every other party with the transcript free of charge.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.08
Examination in Newfoundland and Labrador 11.08 (1) Before being examined, the witness shall take an oath or make an affirmation or, if the conditions of subsection 16(3) of the Canada Evidence Act have been met, make a promise to tell the truth, and if the examination is conducted in Newfoundland and Labrador, the oath or affirmation shall be administered by the commissioner or by another person authorized to administer oaths in Newfoundland and Labrador, or if the conditions of subsection 16(3) of the Canada Evidence Act have been met, the promise to tell the truth shall be made to that person. Examination Outside Newfoundland and Labrador (2) If the examination is conducted outside Newfoundland and Labrador, the oath or affirmation may be administered by, or the promise to tell the truth made to, the person before whom the examination is conducted, a person authorized to administer oaths in Newfoundland and Labrador or a person authorized to take affidavits or administer oaths or affirmations in the jurisdiction where the examination is conducted.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.09
General Rule 11.09 (1) If the witness does not understand the language or languages in which the examination is to be conducted or is deaf or mute, a competent and independent interpreter shall, before the witness is examined, take an oath or make an affirmation to interpret accurately the administration of the oath or affirmation and the questions to and answers of the witness. Supply of Interpreter (2) If an interpreter is required by subrule (1) for the examination of a witness, unless the interpretation is from English to French or from French to English in which case the interpreter shall be provided by the Attorney General, the applicant shall provide an interpreter satisfactory to the parties.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.10
General Requirement 11.10 (1) The witness shall bring to the examination and produce for inspection all documents and things in his or her possession, control or power that are not privileged and that the process compelling attendance requires the person to bring. Process May Require Documents and Things (2) Unless the commissioner orders otherwise in the interests of justice, the process that compels the attendance of a witness may require the witness to bring to the examination and produce for inspection (a) all documents and things relating to any matter in issue in the proceeding that are in his or her possession, control or power and are not privileged; or (b) any documents or things described in clause (a) that are specified in the process compelling attendance. Duty to Produce Other Documents (3) If a witness, on examination on a commission, admits that he or she has possession or control of or power over any other document that relates to a matter in issue in the proceeding and is not privileged, the witness shall produce it for inspection by the examining party forthwith, if the person has the document at the examination or, if not, within two days thereafter, unless the commissioner orders otherwise in the interests of justice.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.11
Examination-in-Chief 11.11 (1) Counsel of record for the applicant shall examine the witness whose evidence is to be taken on commission in-chief, in accordance with the rules of evidence that would apply at trial. Cross-examination (2) After examination-in-chief by counsel of record for the applicant has been concluded, counsel of record for the respondent may cross-examine the witness in accordance with the rules of evidence that would apply at trial. Re-examination (3) After cross-examination has been completed, counsel of record for the applicant may re-examine the witness in accordance with the rules of evidence that would apply at trial.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.12
Objections 11.12 (1) If objection is taken to a question, the objector shall state briefly the reason for the objection, and the question and the brief statement concerning the objection shall be recorded. Rulings on Answers under Objection (2) A question to which objection is taken may be answered with the objector’s consent, and if the question is answered, a ruling shall be obtained from the preliminary inquiry or trial judge before the evidence is used at preliminary inquiry or trial. Rulings on Answers Not Given (3) A ruling on the propriety of a question to which objection is taken and an answer not given may be obtained from the preliminary inquiry or trial judge.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.13
11.13 A commissioner who is not the preliminary inquiry or trial judge may make rulings with respect to the conduct of an examination, other than a ruling on the propriety of a question, but the ruling of a commissioner who is not the preliminary inquiry or trial judge is subject to review by the preliminary inquiry or trial judge.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.14
11.14 All evidence taken by a commissioner shall be recorded in its entirety in question-and-answer form in a manner that permits the preparation of a typewritten transcript of the examination, unless the court orders otherwise in accordance with rule 2.02 or the parties agree otherwise.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.15
Preparation of Transcript 11.15 (1) If a party so requests, the person who recorded evidence taken on commission shall have a typewritten transcript of the evidence prepared and completed within four weeks after receipt of the request unless otherwise ordered by the court. Certification (2) The transcript shall be certified as correct by the person who recorded the evidence taken, but need not be read to or signed by the witness. Delivery to Other Parties and Court (3) As soon as the transcript is prepared, the person who recorded the evidence taken on commission shall send one copy to each party who has ordered and paid for a transcript and, if a party so requests, shall provide an additional copy for the use of the court.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.16
11.16 The judge presiding at the preliminary inquiry or trial at which the evidence taken on commission is tendered for admission shall determine the extent to which and manner in which, if at all, the evidence shall be received in the proceedings.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 11.17
General Rule 11.17 (1) On consent of the parties or by order of the court, evidence taken on commission may be recorded by videotape or other similar means, and the tape or other recording may be filed for the use of the court along with the transcript. Application of Rule 11.16 (2) Rule 11.16 applies, with any necessary modifications, to a videotape or other recording made under subrule (1).
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 12.01
12.01 This rule applies to applications by counsel of record to be removed as counsel of record, and to applications by the prosecutor to have counsel of record for an accused removed as counsel of record.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 12.02
12.02 Applications under rule 12.01 shall be made to a judge sitting in the court centre in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the scheduled date of the preliminary inquiry or trial to ensure that no adjournment of the proceedings will be required for that purpose, or, if the matter arises at the preliminary inquiry or trial, to the presiding judge.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 12.03
General Rule 12.03 (1) Service of a notice of the application under this rule and the supporting materials required by rule 12.04 shall be made on the accused and other counsel, at least 15 days before the date fixed for the hearing of the application, which shall not be later than 10 days before the date fixed for the preliminary inquiry or trial. Manner of Service (2) Service of the Notice of Application and supporting materials shall be made in accordance with Rule 5, and if the application is made by counsel of record, on the accused by mailing a copy to his or her latest known address. Filing with Proof of Service (3) Notice of Application and supporting materials, together with proof of service thereof, shall be filed in the court office for the place where the application is to be heard, not later than 10 days before the date fixed for the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 12.04
Materials to Be Filed 12.04 (1) Notice of Application under this rule shall include, whether by affidavit by or on behalf of the applicant, or otherwise, an outline of the general circumstances of the application. Factum May Be Required (2) A judge may require that factums complying with rules 6.06 to 6.08 be filed on applications under this rule.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 12.05
12.05 The respondent or accused may consent in writing to the order sought on terms included in a draft order that is filed, and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 13.01
13.01 This rule applies to applications on behalf of an accused or the prosecutor for an order adjourning a proceeding, after a date has been fixed for the proceeding but before commencement of the proceeding.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 13.02
13.02 Applications under rule 13.01 shall be made to a judge sitting in the court centre in which the proceeding is to be held as soon as practicable and, absent exigent circumstances, not later than 15 days before the date fixed for the proceeding.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 13.03
General Rule 13.03 Service of the Notice of Application under this rule shall be made on the prosecutor or accused, and all other parties to the proceedings, as the case may be, in accordance with Rule 5, not later than three days before the date fixed for the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 14.01
14.01 This rule applies to applications in criminal proceedings (a) to declare unconstitutional and of no force and effect, in whole or in part, any enactment of the Parliament of Canada, (b) to declare unconstitutional and of no force and effect, in whole or in part, any rule or principle of law applicable to criminal proceedings, whether on account of subsection 8(2) or (3) of the Code or otherwise, and (c) to stay proceedings 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 on account of an infringement or denial of any right or freedom guaranteed under the Charter or otherwise.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 14.02
14.02 Applications under this rule shall be made to a judge sitting in the court centre in which the proceeding is being held or is to be held in accordance with the times set out in rule 14.04.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 14.03
14.03 The Notice of Application and Constitutional Issue in Form 3 shall state (a) the place and date of hearing as determined in accordance with rules 14.02 and 14.04; (b) the precise relief sought on the application; and (c) the grounds to be argued, including a concise statement of the constitutional issue to be raised and a summary of the nature of the facts in issue.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 14.04
14.04 (1) In cases provided for by clauses 14.01(a) and (b), service of the Notice of Application and Constitutional Issue and of the supporting materials required by rule 14.05, shall be made on the prosecutor and all other parties to the proceedings, as the case may be, not later than 15 days before the date fixed for the hearing of the application or, if the application is to be made at trial before the trial judge, not later than 15 days before the date on which the proceeding is scheduled to commence. (2) In cases provided for by clause 14.01(c), service of the Notice of Application and Constitutional Issue and of the supporting materials required by rule 14.05, shall be made on the prosecutor and all other parties to the proceedings, as the case may be, not later than three days before the date fixed for the hearing of the application or, if the application is to be made at trial before the trial judge, not later than three days before the date on which the proceeding is scheduled to commence. Manner of Service (3) Service of the Notice of Application and Constitutional Issue and supporting materials under clause 14.01(a) or (b) shall be made in accordance with Rule 5 (a) on the office of the prosecutor having carriage of the proceedings; and (b) on the regional office of the Attorney General of Canada at St. John’s, the office of the Attorney General of Canada at Ottawa or the office of the prosecutor retained by the Attorney General of Canada having carriage of the proceedings. (4) If the application is made under clause 14.01(c) at trial before the trial judge, service of the Notice of Application and Constitutional Issue, and of supporting materials, shall be made in accordance with Rule 5 (a) on the office of the prosecutor having carriage of the proceedings; and (b) on any other person and any terms that the trial judge may direct.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 14.05
Materials to Be Filed — Documentary, Affidavit or Other Evidence 14.05 (1) If any party seeks to rely on documentary, affidavit or other material, the material shall be filed not later than two days before the hearing. Applicant’s Application Record and Factum (2) The applicant shall prepare an application record and factum in compliance with subrules 6.05(1) and (2) and rules 6.06 and 6.07. Respondent’s Application Record and Factum (3) The respondent shall prepare an application record and factum in compliance with subrules 6.05(3) and 6.06(2) and (3) and rule 6.08. Further Application Record and Factum (4) A judge, before the hearing of the application, may give directions concerning the filing of further application records and factums.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 15.01
15.01 A pre-hearing conference in respect of a charge contained in an information shall be held by a judge at such time and date and in such place and manner as the judge may direct, or at such further dates, times and places as the judge who presides at the pre-hearing conference may direct.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 15.02
Attendance at Conference 15.02 (1) Unless otherwise ordered by a judge in accordance with rule 2.02, the prosecutor and counsel of record, each fully briefed in respect of the issues to be discussed at the pre-hearing conference, or, in the case of an accused who is not represented by counsel of record, the accused, shall be present at the pre-hearing conference. Availability of Accused (2) A judge may require that an accused, represented by counsel of record, be available for consultation with counsel in respect of matters to be considered at the pre-hearing conference and that an investigating officer be available for consultation with the prosecutor. Completion in Draft of Pre-hearing Conference Report (3) Prior to attending the pre-hearing conference, the prosecutor and counsel of record shall jointly prepare in draft a Pre-hearing Conference Report in Form 13, to be presented to the pre-hearing conference judge at the judge’s request. Completion of Pre-hearing Conference Report If Accused Not Represented by Counsel (4) If the accused is not represented by counsel, the prosecutor shall at the request of the pre-hearing conference judge complete in draft the Pre-Hearing Conference Report in Form 13.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 15.03
General Nature 15.03 (1) Unless otherwise ordered by the pre-hearing conference judge in accordance with rule 2.02, a pre-hearing conference shall be an informal meeting conducted in chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings thereafter taking place. Specific Inquiries to be Made (2) Without restricting the generality of rule 15.01 or subrule (1), a pre-hearing conference judge may inquire as to (a) the extent of disclosure made by the prosecutor and any or further requests therefor by an accused or counsel of record; (b) the nature and particulars of any applications to be made at the outset of the proceedings, including any application (i) to contest the laying of the information or any count thereof, (ii) to stay or otherwise determine the proceedings prior to plea or the introduction of evidence, (iii) to change the venue of trial or adjourn the hearing of the proceeding, (iv) to challenge the sufficiency of the information, to order particulars or to amend the information or any count thereof, (v) to sever the trial of any count(s) or accused from the trial(s) of any other accused or count, (vi) concerning the special pleas of autrefois acquit , autrefois convict or pardon, and (vii) to determine the fitness of an accused to stand trial; (c) the possibility of resolution of any or all of the issues in the proceedings, including the possible disposition of any or all counts contained in the information whether by plea of guilty or otherwise; (d) the simplification of any issues that remain to be contested at the proceedings; (e) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceedings; (f) the estimated duration of the proceedings; (g) the advisability of fixing a date for the commencement of the proceeding; and (h) any other matter that may assist in promoting a fair, just and expeditious proceeding.