GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 26.04
26.04 (1) The notice of application in Form 1 under this rule shall be accompanied by an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2). Affidavit by or on Behalf of the Applicant (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain: (a) particulars of the indictment in which is contained the charge upon which the order adjourning the date upon which trial proceedings are scheduled to commence is sought; (b) particulars of any prior applications, whether on behalf of the accused or the prosecutor, to have the trial of the indictment adjourned from a date fixed for trial to a subsequent date, including, where available, transcripts of proceedings taken upon such applications; (c) a full statement of all facts material to a determination of the application without disclosing any solicitor client communications in respect of which solicitor client privilege has not been waived; and, (d) a statement of the date or dates to which it is proposed to adjourn the matter for trial. Application Record and Factum Not Required (3) No application record or factum is required on applications under this rule. SI/2014-5, s. 10(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 26.05
26.05 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 solicitors.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.01
27.01 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 Criminal Code or otherwise; and, (c) to stay proceedings upon an indictment against an accused, in whole or in part, or for any other remedy under subsection 24(1) of the Charter , and/or subsection 52(1) of the Constitution Act, 1867 on account of an infringement or denial of any right or freedom guaranteed under the Charter or otherwise.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.02
27.02 (1) Applications under this rule shall be made to a judge of the court in the county, district or region where the criminal proceedings to which the application relates are being or are to be heard. (2) If an application made under paragraph 27.01(a) or (b) relates to an application under Part III of these rules, the application under this rule shall be heard and determined by the judge who hears the applications under Part III of these rules. SI/2014-5, s. 11
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.03
27.03 The notice of application and constitutional issue in Form 5 shall state: (a) the place and date of hearing in accordance with rules 27.02 and 27.04; (b) the precise relief sought upon the application; (c) the grounds to be argued, including a concise statement of the constitutional issue to be raised, a statement of the constitutional principles to be argued and a reference to any statutory provision or rule upon which reliance will be placed; (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and, (e) whether any order is required abridging or extending the time for service or filing of the notice of application or supporting materials required under rule 6.05.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.04
27.04 (1) An applicant shall give notice of application and constitutional issue in Form 5 and in accordance with rule 27.03, not later than thirty (30) days before the date on which the application is scheduled to be heard. Manner of Service (2) For applications under rule 27.01 for a declaration or remedy otherwise than at trial before the trial judge, service of the notice of application and constitutional issue in Form 5 and other materials required by these rules, the Criminal Code or federal statute shall be made upon: (a) the Constitutional Law Division of the Ministry of the Attorney General of Ontario; (b) the regional office of the Attorney General of Canada at Toronto or the office of the Attorney General of Canada at Ottawa; (c) all other parties to the proceedings; and, (d) the office of the prosecutor having carriage of the proceedings. (3) Where applications under rule 27.01 for a declaration or other remedy are to be made at trial before the trial judge, service of the notice of application and constitutional issue in Form 5 and other materials required by these rules, the Criminal Code or other federal statute shall be made upon: (a) the Constitutional Law Division of the Ministry of the Attorney General of Ontario; (b) the regional office of the Attorney General of Canada at Toronto or the office of the Attorney General of Canada at Ottawa; (c) all other parties to the proceedings; (d) the office of the prosecutor having carriage of the proceedings; and, (e) upon such other persons and upon such terms as the trial judge may direct. Filing with Proof of Service (4) Notice of application and constitutional issue in Form 5 and supporting material, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least thirty (30) days before the date fixed for the hearing of the application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.05
27.05 (1) Unless otherwise ordered by a judge of the court, an applicant shall serve on every other party and file an application record in accordance with subrule 6.05(2) in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the date on which the application is scheduled to be heard. Respondent’s Application Record (2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall serve on every other party and file a respondent’s application record in accordance with subrule 6.05(4), not later than ten (10) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court. Intervenor’s Application Record (3) Where an intervenor seeks to rely on material other than that filed by the applicant, respondent or any other person granted leave to intervene, the intervenor shall serve on every party and other intervenor and file an intervenor’s application record in accordance with subrule 27.05(4), not later than five (5) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court. (4) An intervenor’s application record shall contain in consecutively numbered pages arranged in the following order: (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and (b) a copy of any material to be used by the intervenor on the application and not included in any other application record filed on the application. Documents May be Filed as Part of Record (5) Any documents served by a party for use on an application may be filed, together with proof of service, as part of the party’s application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material. Transcript of Evidence (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 4.08. Books of Authorities (7) Unless otherwise ordered by a judge of the court, books of authorities in accordance with rule 32 are required and shall be served and filed within the time limits described in subrules 6.05(1) and (3). Factums (8) Unless otherwise ordered by a judge of the court, factums are required for applications made under this rule. (9) Factums shall comply with rule 33 and be served and filed within the time limits described in subrules 6.05(1) and (3), unless otherwise ordered by a judge of the court. SI/2014-5, ss. 12(E), 32(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.06
27.06 The hearing of applications under this rule is governed by rule 6.06.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.07
27.07 Evidence on applications under this rule is governed by rules 6.07 to 6.09.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.08
27.08 Abandonment of applications is governed by rule 6.10.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.09
27.09 Dismissal of applications for lack of substantial ground is governed by rule 6.11.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27.10
27.10 Any person interested in a proceeding between other parties may by leave of the judge presiding over that proceeding, or by leave of the Chief Justice or a judge designated by him or her, intervene therein upon such terms and conditions and with such rights and privileges as the judge, the Chief Justice or his or her designee may determine.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 28.01
28.01 This rule applies to pre-hearing conferences conducted under Section 625.1 of the Criminal Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 28.02
28.02 A pre-trial conference shall be held in the country, district or region in which the indictment has been filed, as a judge of the court may direct in accordance with this rule, and at such further dates, times and places as the pre-trial conference judge or another judge of the court may direct.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 28.03
28.03 (1) A pre-trial conference shall be held in accordance with these rules within sixty (60) days of the order to stand trial on which it is based, or, where an indictment has been preferred under Section 577 of the Criminal Code , within sixty (60) days of the Attorney General’s consent or judge’s order, unless otherwise ordered by a judge of the court. Further Pre-Trial Conferences (2) The pre-trial conference judge or another judge of the court may direct that further pre-trial conferences be held in accordance with this rule, where and when the pre-trial conference or other judge directs, to consider any matters that would promote a fair and expeditious trial or other disposition of the case. (3) Nothing in these rules shall be construed or interpreted to preclude the pre-trial conference or other judge of the court from conducting, with the consent of the prosecutor and counsel of record for the accused, any other informal pre-trial conferences, in addition to the conference for which s.625.1 provides, upon such terms as the judge considers appropriate.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29.01
29.01 This rule is made under the authority of s. 482.1(1) of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29.02
29.02 (1) The Regional Senior Judge, or a judge designated by him or her, on the recommendation of the pre-trial conference judge or otherwise, may assign a case supervision judge to any case to be tried or otherwise determined in the Region. Criteria for Designation of Case Supervision Judge (2) In considering whether to assign a case supervision judge to any proceeding, the Regional Senior or designated judge shall take into account all the relevant circumstances, including, but not limited to: (a) the recommendation of the pre-trial conference judge; (b) the purpose of case supervision; (c) the complexity of the proceeding, including issues of fact and law involved in any pre-trial applications; (d) the importance to the parties and the administration of justice of the issues of fact and law raised in the proceedings; (e) the number of parties involved in the proceedings and whether all parties are represented by counsel; (f) the number of proceedings involving the same or related parties; (g) the nature and extent of intervention by the case supervision judge that the proceedings are likely to require; (h) the time reasonably required for any pre-trial applications in the proceedings; (i) the time reasonably required for completion of the proceeding; (j) the number of witnesses likely to testify in the proceeding; and, (k) any other factors that the judge considers relevant.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29.03
29.03 The case supervision judge may designate personnel of the court to deal with administrative matters relating to proceedings out of court, provided any accused affected by those matters is represented by counsel.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29.04
29.04 The case supervision judge may schedule and convene a case supervision conference from time to time, on his or her own initiative or at the request of a party, to ensure efficient case supervision and the orderly and expeditious conduct of the proceedings.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29.05
29.05 (1) Unless otherwise ordered by the case supervision judge, counsel of record for each accused, or if the accused is self-represented, the accused, and the prosecutor assigned to conduct the proceedings shall attend the case supervision conference, be fully acquainted with the factual and legal issues likely to arise at the conference and be in a position to make decisions that bind the party during the proceedings. Accused Represented by Counsel (2) Unless otherwise ordered by the case supervision judge, an accused who is represented by counsel who has completed a Designation of Counsel in Form 18 is not required to attend a case supervision conference. Requirement of Presence (3) The case supervision judge may require that an accused represented by counsel and an investigating officer be present or available for consultation at the case supervision conference.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29.06
29.06 (1) Unless otherwise ordered by the case supervision judge, a case supervision conference in proceedings where all parties are represented by counsel, shall be conducted in the case supervision or pre-trial conference room, judges’ chambers or other suitable rooms in the courthouse. Self-Represented Accused (2) Where any party to a proceeding in which a case supervision conference is held is not represented by counsel, the case supervision conference shall be held in accordance with subrules 28.04(2) to (5). Specific Authority of the Case Supervision Judge (3) The case supervision judge may: (a) establish or revise any schedule for pre-trial applications, trial or other proceedings; (b) secure the parties’ agreement or give directions about the order in which pre-trial applications or other preliminary applications shall be heard; (c) secure the parties’ agreement or give directions about the manner in which evidence will be presented on pre-trial or other preliminary applications; (d) secure the parties’ agreement to or give directions about a judge other than the trial judge hearing and determining pre-trial or other preliminary applications; (e) secure the parties’ agreement or give directions about the manner in which decisions made by a judge other than the trial judge on pre-trial or other preliminary applications are to be incorporated into the record or other proceedings; (f) secure the parties agreement or give directions about the materials to be filed in support of and in response to any pre-trial or other preliminary applications; (g) establish a schedule for the service and filing of any materials required for any pre-trial or other preliminary applications; (h) secure the parties’ agreement to or give directions about admissions of fact or other agreements about issues of fact and the attendances of witnesses on issues not in dispute; (i) require the prosecutor to provide a list of the names of the persons who will or may be called as witnesses for the prosecution; (j) secure the parties’ agreement or give directions about any interpreters or technological equipment required in the proceedings and make arrangements through court personnel to ensure such requirements are met; (k) secure the parties’ agreement to or give directions about the manner in which evidence may be presented at trial to assist its comprehension by jurors; (l) identify contested issues of fact and law and explore methods to resolve them; and, (m) recommend the appointment of a case management judge under rule 29A or 29B. Role of Trial Judge (4) Any directions given by the case supervision judge are subject to revision by the judge presiding in the proceedings according to the best interests of the administration of justice. SI/2014-5, s. 14
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29A.01
29A.01 The appointment of a Case Management Judge under the Code shall be governed by sections 551.1 to 551.6 of the Code and rules 29A.02 to 29A.06. SI/2014-5, s. 15(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29A.02
29A.02 Where a party seeks the appointment of a Case Management Judge pursuant to section 551.1 of the Code , he or she must serve and file a Notice of Application briefly setting out: (a) why the appointment would be “necessary for the proper administration of justice” in the case, and, (b) the jurisdiction the Case Management Judge may exercise in the case having regard to section 551.3 of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29A.03
29A.03 The Notice of Application must be served on: (a) counsel, on behalf of all the parties in the case in which the application is being brought, and, (b) the accused, where the accused does not have counsel of record in the case in which the application is being brought, and must also be filed with the trial coordinator, at least one clear day before the pre-trial conference or case supervision conference at which the issue of the appointment will be raised.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29A.04
29A.04 Where no Notice of Application has been filed and the pre-trial or case supervision judge and at least one party agree that a Case Management Judge should be appointed, the judge may require one party to prepare the Notice of Application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29A.05
29A.05 (1) Where no Notice of Application has been filed, the judge conducting the pre-trial conference or case supervision conference may waive compliance with the Notice of Application requirement where: (a) the judge is the Regional Senior Judge, or, (b) his or her designate for the appointment of a Case Management Judge. (2) Where subrule (1) applies, the presiding judge shall endorse the indictment or prepare a separate endorsement setting out: (a) why the appointment is “necessary for the proper administration of justice”, and, (b) the jurisdiction of the Case Management Judge is permitted to exercise in the case having regard to section 551.3 of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29A.06
29A.06 A copy of the Notice of Application, or a copy of the endorsement where subrule 29A.05(2) applies, shall be provided by the pre-trial or case supervision judge to the Regional Manager of Judicial Services.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.01
29B.01 The appointment of judges to determine issues that are to be adjudicated in related trials shall be governed by section 551.7 of the Code and rules 29B.02 to 29B.08. SI/2014-5, s. 16(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.02
29B.02 Where a party seeks the appointment of a judge to determine issues that are to be adjudicated in related trials pursuant to section 551.7 of the Criminal Code , he or she must serve and file a Notice of Application briefly setting out: (a) why the appointment would be “in the best interests of the administration of justice, including ensuring consistent decisions”; (b) the “common issues” that would be adjudicated by the judge; (c) the related trials; (d) the jurisdiction in which those prosecutions were commenced; and, (e) whether there has been a committal for trial in the other trials.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.03
29B.03 (1) The Notice of Application must be served on: (a) counsel, on behalf of all the parties in the case in which the application is being brought, and, (b) the accused, where the accused does not have counsel of record in the case in which the application is being brought, and must also be filed with the trial coordinator at least five days before the pre-trial conference or case supervision conference at which the issue of the appointment will be raised. (2) The Notice of Application must also be served on: (a) all counsel in the related cases, and (b) all accused where the accused does not have counsel of record in the related cases, and must be filed with the trial coordinator at least five days before the pre-trial conference or the case supervision conference at which the issue of the appointment will be raised.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.04
29B.04 Where no Notice of Application has been filed and the pre-trial or case supervision judge or a party seek the appointment of a judge to adjudicate the issues in related trials, the judge may: (a) require one party to prepare the Notice of Application, and, (b) give directions with respect to service on counsel or any accused who do not have counsel of record in the related proceedings.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.05
29B.05 Where all related trials are in the same region of the Superior Court of Justice, the Regional Senior Judge or his or her designate shall determine whether a judge should be appointed to adjudicate the issues in related trials.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.06
29B.06 Where one or more of the related trials are in different regions of the Superior Court of Justice, the application shall be made to the Chief Justice or a judge designated by the Chief Justice to determine the issue.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.07
29B.07 (1) Where no Notice of Application has been filed, the judge conducting the pre-trial conference or case supervision conference may waive compliance with the Notice of Application requirement where: (a) all parties are represented at the pre-trial or case supervision conference, (b) the judge is the Regional Senior Judge, or, (c) the judge is the Regional Senior Judge’s designate for the appointment of judges to adjudicate the issues in related trials. (2) Where subrule (1) applies, the presiding judge shall endorse the indictment or prepare a separate endorsement setting out: (a) why the appointment is “in the interests of justice, including ensuring consistent decisions”, and, (b) the issues to be adjudicated by the appointed judge after receiving input from all parties in the related proceedings.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29B.08
29B.08 A copy of the Notice of Application, or a copy of the endorsement where subrule 29B.07(2) applies, shall be provided by the pre-trial or case supervision judge to the Regional Manager of Judicial Services.