GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
application means a proceeding commenced by notice of application in Form 1, whether described in the enabling legislation or other authority as an application or motion; ( demande )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Charter means the Canadian Charter of Rights and Freedoms ; ( Charte )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
county includes a district or a regional, district or metropolitan municipality; ( comté )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
court means the Superior Court of Justice in the county or district in which a proceeding is pending or being heard, as the case may be; ( tribunal )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
court office means the office of the registrar in the county, district or group of counties in which the proceeding is commenced; ( greffe )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
deliver means serve and file with proof of service, and delivery has a corresponding meaning; ( remettre )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
document includes a notice of application, notice of appeal, supplementary notice of appeal, affidavit or any other material required or permitted to be served and filed under these rules; ( document )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
hearing means the hearing of an application, motion, reference, appeal or assessment of costs, or a trial; ( audience )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
holiday means, (i) any Saturday or Sunday, (ii) New Year’s Day, (iii) Good Friday, (iv) Easter Monday, (v) Victoria Day, (vi) Canada Day, (vii) Civic Holiday, (viii) Labour Day, (ix) Thanksgiving Day, (x) Remembrance Day, (xi) Christmas Day, (xii) Boxing Day, and (xiii) any special holiday proclaimed by the Governor General or the Lieutenant Governor, and (xiv) where New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday; ( jour férié )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
indictment includes an information; ( acte d’accusation )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
judge means a judge of the court; ( juge )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
judgment means a decision that finally disposes of an application, trial, appeal or other proceeding on its merits and includes a judgment entered in consequence of the default of a party; ( jugement )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
order includes a judgment; ( ordonnance )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
originating process includes a notice of application and notice of appeal; ( acte introductif d’instance )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
proceeding includes a trial, application, appeal or other hearing; ( instance )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
prosecutor means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which the Code applies, and includes solicitors acting on behalf of either of them; ( poursuivant )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
registrar means the Registrar of the Superior Court of Justice, or a local registrar of the Superior Court of Justice, as the circumstances may require; ( greffier )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
region means a region described in Ontario Regulation 705/89; ( région )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
respondent means a person against whom an application is made or an appeal is brought, as the circumstances may require; ( intimé )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
solicitor means a barrister and solicitor entitled to practise in the Province of Ontario; ( avocat )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
solicitor of record means the solicitor who represents or represented the accused in the proceedings that are the subject of the application or the appeal; ( procureur )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
statute includes the Code and any other statute passed by the Parliament of Canada to which the Code provisions apply. ( loi )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 1.04
1.04 (1) 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. Matters Not Provided For (2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them. Party Acting in Person (3) Where an accused is not represented by a solicitor but acts in person, anything that these rules require or permit a solicitor to do shall be done by the accused.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 1.05
1.05 The interpretation sections of the Code apply to these rules.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 1.06
1.06 The forms prescribed in the Appendix of Forms shall be used where applicable and with such variations as the circumstances require.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 2.01
2.01 A judge of the court may only dispense with compliance with any rule where and to the extent it is necessary in the interests of justice to do so.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 3.01
3.01 (1) In the computation of time under these rules or an order, except where a contrary intention appears, (a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used; (b) where a period of less than 7 days is prescribed, holidays shall not be counted; (c) where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and (d) service of a document, other than an originating process, made after 4 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday. (2) Where a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 3.02
3.02 (1) Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order in accordance with rule 2.01, on such terms as are just. (2) An application for an order extending time may be made before or after the expiration of the time prescribed. Consent in Writing (3) Any time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent in writing endorsed on the relevant document by the party to whom the document is intended, or in such other form as a judge of the court may direct.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.01
4.01 Every document in a proceeding shall be of good quality paper 216 millimetres by 279 millimetres in size and the text shall be printed, typewritten, written or reproduced legibly on one side only with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.02
4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 1 (applications) or 2 (appeals) that sets out: (a) the name of the court and the court file number; and, (b) the title of the proceeding in accordance with rule 6 (application) or rule 40 (appeal), but in a document other than an originating process, record, order or report, where there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used. Body of Document (2) Every document in a proceeding shall contain: (a) the title of the document; (b) its date; (c) where the document is filed by a party and not issued by a registrar or is an originating process, the name, address and telephone number of the solicitor filing the document or, where a party acts in person, his or her name, address for service and telephone number; and (d) where the document is issued by a registrar, the address of the court office in which the proceeding was commenced. Backsheet (3) Every document in a proceeding shall have a backsheet in accordance with Form 3 that sets out: (a) the short title of the proceeding; (b) the name of the court and the court file number; (c) in the case of an affidavit, the deponent’s name and the date when he or she swore or affirmed it; (d) the location of the court office in which the proceeding was commenced; (e) the title of the document; and (f) the name, address and telephone number of the solicitor serving or filing the document or, where a party acts in person, his or her name, address for service and telephone number.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.03
4.03 At the request of a person entitled to see a document in a court file and on payment of the prescribed fee, the registrar shall issue a certified copy of the document.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.04
4.04 Where these rules require notice to be given, it shall be given in writing.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.05
4.05 (1) All documents required to be filed in a proceeding shall be filed in the court office in which the proceeding was commenced, except where they are filed in the course of a hearing or where these rules provide otherwise. (2) An affidavit, transcript, record or factum to be used on the hearing of an application shall be filed in the court office in the place where the hearing is to be held. Filing by Leaving in Court Office or by Mail (3) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office, accompanied by the prescribed fee. Date of Filing where Filed by Mail (4) Where a document is filed by mail, the date of the filing stamp of the court office on the document shall be deemed to be the date of its filing, unless the court orders otherwise in accordance with rule 2.01. Where Document Filed by Mail not Received (5) Where a court office has no record of the receipt of a document alleged to have been filed by mail, the document shall be deemed not to have been filed, unless the court orders otherwise in accordance with rule 2.01.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.06
4.06 (1) An affidavit used in a proceeding shall: (a) be in Form 4; (b) be expressed in the first person; (c) state the full name of the deponent and, if the deponent is a party or a solicitor, officer, director, member or employee of a party, shall state that fact; (d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and, (e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations. Contents (2) An affidavit shall be confined to a statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except that an affidavit may contain statements of the deponent’s information and belief with respect to facts that are not contentious, provided that the source(s) of the information and the fact of belief are specified in the affidavit, or except where these rules provide otherwise. Exhibits (3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit: (a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit; (b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the solicitor or party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.01; and, (c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so. By Two or More Deponents (4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or affirmed) by the above-named deponents” may be used. For a Corporation (5) Where these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation. Alterations (6) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.07
4.07 (1) Application records shall have a light blue backsheet of 176g/m 2 weight cover stock. (2) Transcripts of evidence for use on an application, at trial or on appeal shall have a red backsheet of 176g/m 2 weight cover stock. (3) Appeal books shall be bound front and back in buff 176g/m 2 weight cover stock. (4) Transcripts of evidence for use in an appeal shall be bound front and back in red 176g/m 2 weight cover stock, except where the transcript forms part of the appeal book or record, and where there is more than one volume of transcripts, the volumes shall be clearly numbered.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.08
4.08 (1) Evidence shall be transcribed on paper 216 millimetres by 279 millimetres in size with a margin 25 millimetres wide on the left side delimited by a vertical line. Heading (2) The name of the court or, in the case of an examiner, the examiner’s name, title and location shall be stated on a single line no more than 15 millimetres from the top of the first page. Standards (3) The text shall be typewritten on thirty-two lines numbered in the margin at every fifth line. (4) Headings, such as swearing of a witness, direct examination and cross-examination, shall be capitalized and separated from the preceding text by the space of a numbered line, and the number of lines of text on the page may be reduced by one for each heading that appears on the page. (5) Every question shall commence on a new line and shall begin with the designation Q. , followed, within 10 millimetres, by the question. (6) Every answer shall commence on a new line and shall begin with the designation A. , followed, within 10 millimetres, by the answer. (7) The first line of a question or answer shall be indented 35 millimetres from the margin and shall be 130 millimetres in length. (8) In a transcript of evidence taken in court, every line of a question or answer, other than the first line, shall begin at the margin and shall be 165 millimetres in length. (9) In a transcript of evidence taken out of court, every line of a question or answer, other than the first line, shall begin 15 millimetres from the margin and shall be 150 millimetres in length, and questions shall be numbered consecutively by means of a number placed in the 15 millimetres to the right of the margin. (10) Lines of text other than questions and answers shall be indented 35 millimetres from the margin and shall be 130 millimetres in length. (11) Every transcript of evidence taken in or out of court shall have, (a) a cover page setting out, (i) the court, (ii) the title of the proceeding, (iii) the nature of the hearing or examination, (iv) the place and date of the hearing or examination, (v) the name of the presiding judge or officer, and (vi) the names of the solicitors; and, (b) a table of contents setting out, (i) the name of each witness with the page number at which the examination, cross-examination and re-examination of the witness commence, (ii) the page number at which the charge to the jury, the objections to the charge and the re-charge commence, (iii) the page number at which the reasons for judgment commence, (iv) a list of the exhibits with the page number at which they were made exhibits, and, (v) at the foot of the page, the date the transcript was ordered, the date it was completed and the date the parties were notified of its completion.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.09
4.09 (1) Where documents filed with the court or exhibits in the custody of an officer are required for use at another location, the registrar shall send them to the registrar at the other location on a party’s requisition in Form 22, on payment of the prescribed fee. (2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the registrar, after the completion of the hearing, to the registrar at the court office where the proceeding was commenced.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4.10
4.10 Where an issue is raised as to the constitutionality of a statutory provision or rule of law, the party raising the issue shall serve a notice of constitutional issue in Form 5.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.01
5.01 (1) A notice of application that includes an application for prohibition shall be served personally on the court, judge, justice, coroner or other person who issued the subpoena or warrant, conducted the inquisition or made the other order or determination or the person in charge of the place where the applicant or respondent is in custody. (2) A notice of application that includes an application to quash a warrant, conviction, order or determination, other than a subpoena or warrant to compel the attendance of a witness, and that bears the endorsement set out in rule 43.03 shall be served upon the Court Services Manager: (a) by mailing a copy to the Court Services Manager’s office; (b) by leaving a copy of such notice of application at the office of the Court Services Manager; or (c) by telephone transmission of a facsimile of the document, in which case the provisions of subrule 5.05(3) apply, mutatis mutandis . Notices of Appeal (3) Where the appellant is the Attorney General, his or her agent, or was the informant or any party other than the defendant (accused) in proceedings before the trial court, the notice of appeal shall be served personally on each person in respect of whom an appeal is brought against an acquittal, order of dismissal of or staying proceedings on an information, sentence or other final order or other determination, as the case may be. All Other Documents (4) No other notice of application, notice of appeal or other document need be served personally, or by an alternative to personal service, unless these Rules or an order of the court requires personal service or an alternative to personal service. (5) Any document that is not required to be served personally or by an alternative to personal service: (a) shall be served on a party who has a solicitor of record by serving the solicitor in a manner provided in rule 5.05; (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 party’s or person’s last known address, (ii) by personal service or by an alternative to personal service, or (iii) by emailing a copy of the document in accordance with subrule (6), unless otherwise ordered by a judge. (6) Service of a document in accordance with subparagraph (5)(b)(iii) is effective only if (a) the email message includes: (i) the sender’s name, address, telephone number, fax number and email address, (ii) the date and time of transmission, and (iii) the name and telephone number of a person to contact in the event of transmission problems; and (b) the party acting in person or the person who is not a party provides by email an acceptance of service and confirms the date of the acceptance. If the email acceptance is received between 4 p.m. and midnight, service is deemed to have been made on the following day. SI/2014-5, s. 3