GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1.01
Title 1.01 (1) These rules may be cited as the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings . Subdivision (2) In these rules, (a) all the provisions identified by the same number to the left of the decimal point comprise a Rule (for example, Rule 1, which consists of rules 1.01 to 1.06); (b) a provision identified by a number with a decimal point is a rule (for example, rule 1.01); and (c) a rule may be subdivided into (i) subrules (for example, subrule 1.01(1)), (ii) clauses (for example, clause 1.01(2)(a) or 4.06(1)(b)), and (iii) subclauses (for example, subclause 1.01(2)(c)(i) or 4.08(11)(a)(i)). Alternative References (3) In a proceeding in the court, it is sufficient to refer to a rule or subdivision of a rule as a “rule” followed by the number of the rule, subrule, clause or subclause (for example, rule 1.01, rule 1.01(2), rule 1.01(2)(c) or rule 1.01(2)(c)(iii)).
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1.02
Provincial Court of Newfoundland and Labrador 1.02 (1) These rules are enacted under subsection 482(2) of the Criminal Code and apply to prosecutions, proceedings and applications, as the case may be, within the jurisdiction of the Provincial Court of Newfoundland and Labrador, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding or application. Coming into Force (2) These rules come into force on November 1, 2004.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
affidavit means a written statement in Form 2 confirmed by oath, or a solemn affirmation. ( affidavit )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
applicant means a person who makes an application. ( requérant )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
Charter means the Canadian Charter of Rights and Freedoms . ( Chartre )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
clerk means the clerk of the court. ( greffier )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
counsel means a barrister and solicitor entitled to practise in the Province of Newfoundland and Labrador. ( avocat )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
deliver means to serve and file with proof of service, and delivery has a corresponding meaning. ( remettre )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
document includes a Notice of Application, affidavit or any other material required or permitted to be served and filed under these rules. ( document )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
hearing means the hearing of an application, motion or preliminary inquiry, or a trial. ( audience )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — (a)
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — (a)
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
judge means a judge of the court and includes a justice of the peace when the context requires. ( juge )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
order includes a judgment. ( ordonnance )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
proceeding includes an application, trial, preliminary inquiry or other hearing. ( instance )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
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 )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
respondent means a person against whom an application is made. ( intimé )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
statute includes the Code and any other statute passed by the Parliament of Canada to which the Code provisions apply. ( loi )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1.04
General Principle 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) If matters are not provided for in these rules, the practice shall be determined by analogy to them. Party Not Represented by Counsel (3) If an accused is not represented by counsel, anything that these rules require or permit counsel to do shall be done by or on behalf of the accused.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1.05
1.05 The interpretation sections of the Code apply to these rules.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1.06
1.06 The forms set out in the schedule shall be used when applicable and with such variations as the circumstances require.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 2.01
2.01 A failure to comply with these rules is an irregularity that does not render a proceeding or a step, document or order in a proceeding a nullity, and the court (a) may grant all necessary amendments or other relief in accordance with rule 2.02, on any terms that are just, to secure the just determination of the real matters in dispute; or (b) only if and as necessary in the interests of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 2.02
2.02 The court may, only if and as necessary in the interests of justice, dispense with compliance with any rule at any time.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 3.01
3.01 (1) In the computation of time under these rules or an order, except if a contrary intention appears, (a) if there is a reference to a number of clear days or “at least” a number of days between two events, in calculating the number of days, there shall be excluded the days on which the events happen; (b) if a period of less than six days is prescribed, holidays shall not be counted; (c) if the time limited for the doing of a thing expires or falls on a holiday, the thing may be done on the day next following that is not a holiday; and (d) service of a document 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) If 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.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 3.02
General Powers of Court 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 2.02, 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 may direct.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.01
4.01 Unless the nature of the document renders it impracticable, every document prepared by a party for use in a proceeding shall be legibly printed, typewritten, written or reproduced on durable white paper 279 mm in length and 216 mm in width, with a margin on the left side of the face of the page and, if the reverse side is used, on the right side of the reverse.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.02
General Heading 4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 1 (Notice of Application) that sets out (a) the name of the court and the information number; and (b) the title of the proceeding but, in a document other than a record, order or report, if 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) if the document is filed by a party and not issued by a clerk, the name, address and telephone number of counsel filing the document or, if a party is not represented by counsel, the name of the party, their address for service and their telephone number; and (d) If the document is issued by a clerk, the address of the court office in which the proceeding was commenced.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.03
4.03 At the request of a person entitled to see and to receive a copy of a document in a court file, the clerk shall issue a certified copy of the document on payment of the prescribed fee.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.04
4.04 If these rules require notice to be given, it shall be given in writing.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.05
Place of Filing 4.05 (1) All documents required to be filed in a proceeding shall be filed in the court office for the place where the proceeding was commenced or pending or being heard, as the case may be, except if they are filed in the course of a hearing or if 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 for 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, if applicable, the prescribed fee. Date of Filing if Filed by Mail (4) If a document is filed by mail, the date of the filing stamp of the court office on the document is deemed to be the date of its filing, unless the court orders otherwise in accordance with rule 2.02. If Document Filed by Mail Not Received (5) If a court office has no record of the receipt of a document alleged to have been filed by mail, the document is deemed not to have been filed, unless the court orders otherwise in accordance with rule 2.02.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.06
Format 4.06 (1) An affidavit used in a proceeding shall (a) be in Form 2; (b) be expressed in the first person; (c) state the full name of the deponent and, if the deponent is a party or counsel, officer, director, member or employee of a party, 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 belief with respect to facts that are not contentious, so long as the source or sources of the information and the fact of belief are specified in the affidavit, or unless 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 if the exhibit is (a) referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit; (b) 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 clerk for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, and after the appeal period has expired, the exhibit shall be returned to counsel or the party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.02; and (c) a document, a copy shall be served with the affidavit, unless it is impractical to do so. Two or More Deponents (4) If 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. A Corporation (5) If 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. Affidavit by Illiterate or Blind Person (6) If it appears to a person before whom an affidavit is sworn or affirmed that a deponent is illiterate or blind, that person shall certify in the jurat that (a) the affidavit was read in his or her presence to the deponent, who seemed to understand it, and (b) the deponent signed the affidavit or placed his or her mark on it in his or her presence, and unless it is so certified the affidavit shall not be used without leave of the court. Alterations (7) 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.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.07
4.07 Transcripts of evidence for use on an application or preliminary inquiry or at trial shall have a light blue back sheet of cover stock.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.08
Paper Size 4.08 (1) Evidence shall be transcribed on paper 216 mm by 279 mm in size with a margin 25 mm 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 not more than 15 mm from the top of the first page and each page, other than the first page, shall be numbered consecutively at the top of each page. Standards (3) The text shall be typewritten on 30 lines numbered in the margin every fifth line. (4) Headings, such as “Swearing of a Witness” or “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 mm, by the question. (6) Every answer shall commence on a new line and shall begin with the designation “A.” followed, within 10 mm, by the answer. (7) The first line of a question or answer shall be indented 35 mm from the margin and be no more than 130 mm 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 be no more than 165 mm 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 mm from the margin and be no more than 150 mm in length, and questions shall be numbered consecutively by means of a number placed within the 15 mm to the right of the margin. (10) Lines of text other than questions and answers shall be indented 35 mm from the margin and be no more than 130 mm in length. (11) Every transcript of evidence taken in or out of court shall have (a) a cover page setting out (i) the name of 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 counsel; and (b) a table of contents setting out (i) the name of each witness with the page numbers at which the examination, cross-examination and re-examination of the witness commence, (ii) the page number at which the reasons for judgment commence, (iii) a list of the exhibits, with the page number at which they were made exhibits, and (iv) 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.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.09
4.09 (1) If documents filed with the court or exhibits in the custody of an officer are required for use at another location, the clerk shall send them to the clerk at the other location on receipt of a party’s requisition in Form 14. (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 clerk, after completion of the hearing, to the clerk at the court office where the proceeding was commenced.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 4.10
4.10 If an issue is raised as to the constitutionality of an Act or regulation, the party raising the issue shall serve a Notice of Application and Constitutional Issue in Form 3.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.01
Notices of Application and Other Documents 5.01 (1) A notice of application or other document need not 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. (2) 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 counsel of record by serving counsel in a manner provided in rule 5.05; and (b) may be served on a party not represented by counsel or on a person who is not a party (i) by mailing a copy of the document to the most recent address for service provided by the party or person or, if no such address has been provided, to the party’s or person’s latest known address, or (ii) by personal service or by an alternative to personal service.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.02
5.02 (1) If a document is to be served personally, the service shall be made Individual (a) on an individual, by leaving a copy of the document with the individual; Corporation (b) on any corporation, by leaving a copy of the document with an officer or director of the corporation, or with a person at any place of business of the corporation who appears to be in control or management of the place of business; Judge (c) on any judge, by leaving a copy of the document with the judge, or with a person in charge of the court office in the court centre where the adjudication was or is to be made; Attorney General of Canada (d) on the Attorney General of Canada, by leaving a copy of the document at the 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; and Attorney General of Newfoundland and Labrador (e) on the Attorney General of Newfoundland and Labrador, by leaving a copy of the document at the office of the crown attorney having carriage of the proceedings. (2) A person effecting personal service of a document need not produce the original document or have it in his or her possession.