GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 30.01
30.01 This rule applies where a party to a proceeding seeks to have evidence admitted that a common law rule or other rule of admissibility renders presumptively inadmissible, including but not only: (a) evidence of disreputable conduct by an accused, other than the conduct charged in the indictment; (b) evidence of similar acts, whether included as other counts or not; (c) evidence of a witness whose competence is governed by Section 4 of the Canada Evidence Act ; and, (d) evidence of a witness whose testimony, in whole or in part, is subject to a privilege.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 30.02
30.02 (1) An application to admit evidence that a common law or other rule of admissibility renders presumptively inadmissible shall be made to the judge who is scheduled to preside or is presiding in the proceedings in which the evidence is tendered for admission. Exception (2) Despite subrule (1), where the parties expressly agree that applications to admit evidence may be heard and determined by a judge other than the trial judge, and that rulings made on these applications will be incorporated into the record of the proceedings in which the evidence is tendered for admission, the pre-trial conference or case management judge may make an order to give effect to the parties’ agreement and the applications may be heard and determined by a judge other than the designated trial judge. SI/2014-5, s. 17
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 30.03
30.03 (1) Applications to admit evidence under this rule shall be commenced by a notice of application in Form 1. Contents of Notice (2) The notice of application in Form 1 shall state: (a) the place and date of hearing as determined in accordance with these rules; (b) a detailed description of the presumptively inadmissible evidence the applicant seeks to introduce in the proceedings; (c) a precise, case-specific statement of the basis and grounds upon which the evidence is said to be admissible; (d) a detailed summary of the evidence or other material upon which the party seeking admission relies, and a statement of the manner in which the applicant proposes to introduce the evidence; (e) an estimate of the time required to introduce the evidence and other material to be relied upon in support of the application; and, (f) whether any order is required abridging or extending any times established by the pre-trial conference or case management judge or required for service and filing by this rule.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 30.04
30.04 (1) Any party who seeks to have evidence admitted under this rule shall give the notice required by rule 30.03 not less than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be, unless otherwise ordered by a judge under these rules. Manner of Service (2) Where the applicant is the prosecutor, service of the notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge shall be made in accordance with rule 5. Where the applicant is an accused, whether self-represented or represented by a solicitor of record, the notice and supporting materials shall be served on the office of the prosecutor having carriage of the proceedings. Filing of Proof of Service (3) The notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge, together with proof of service, shall be filed 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 day first scheduled for the hearing of the pre-trial motions or trial, as the case may be unless otherwise ordered by a judge of the court.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 30.05
30.05 (1) In addition to any other materials that may be required by these rules or by order of a judge of the court, an applicant under this rule shall include in an application record: (a) the notice of application in Form 1; (b) a copy of the indictment to which the application relates; (c) legible copies of any reproducible materials relied upon in support of the application where it is proposed to argue the case for admissibility in whole or in part on a basis other than the testimony of witnesses; (d) where it is proposed to argue the case for admissibility in whole or in part on the basis of testimony of witnesses, legible copies of prior statements or statements of anticipated evidence in sufficient detail to show the essential features of the evidence proposed for admission; and, (e) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues raised. Respondent’s Application Record (2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall file a respondent’s application record and any other materials on which the respondent proposes to rely. Books of Authorities (3) Books of authorities shall be served and filed in accordance with rule 32, unless otherwise ordered by a judge of the court. Factums (4) Factums are not required for applications made under this rule, unless otherwise ordered by a judge of the court. (5) Where a judge orders that factums be served and filed on an application under this rule, the factums shall comply with rule 33, unless otherwise ordered by a judge of the court.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 31.01
31.01 This rule applies where a party seeks to exclude evidence that is presumptively admissible at common law for all issues that it is reasonably foreseeable another party will seek to introduce in the proceedings, including but not only: (a) evidence of prior criminal convictions of an accused; (b) evidence of after-the-fact or post-offence conduct; and, (c) evidence alleged to have been obtained by constitutional infringement exclusion of which is sought under Section 24(2) of the Charter .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 31.02
31.02 (1) An application to exclude evidence that is presumptively admissible shall be made to the judge who is scheduled to preside or is presiding in the proceedings in which the evidence is tendered for admission. Exception (2) Despite subrule (1), where the parties expressly agree that applications to exclude evidence may be heard and determined by a judge other than the trial judge and that rulings made on these applications will be incorporated into the record of the proceedings in which the evidence is tendered for admission, the pre-trial conference or case management judge may make an order to give effect to the parties’ agreement and the applications may be heard and determined by a judge other than the designated trial judge. SI/2014-5, s. 18
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 31.03
31.03 (1) Applications to exclude evidence under this rule shall be commenced by a notice of application in Form 1. Contents of Notice (2) The notice of application in Form 1 shall state: (a) the place and date of hearing as determined in accordance with these rules; (b) a detailed description of the presumptively admissible evidence the applicant seeks to exclude in the proceedings; (c) a precise, case-specific statement of the basis and grounds upon which the evidence is said to be inadmissible; (d) a detailed summary of the evidence or other material upon which the party seeking exclusion relies and a statement of the manner in which the applicant proposes to introduce the evidence; (e) an estimate of the time required to introduce the evidence and other material to be relied upon in support of the application; and, (f) whether any order is required abridging or extending any times established by the pre-trial conference or case management judge or required for service and filing by this rule.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 31.04
31.04 (1) Any party who seeks to have evidence excluded under this rule shall give the notice required by rule 31.03 not less than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be, unless otherwise ordered by a judge under these rules. Manner of Service (2) Service of the notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge shall be made in accordance with rule 5. Filing of Proof of Service (3) The notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge, together with proof of service, shall be filed 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 day first scheduled for the hearing of the pre-trial motions or trial, as the case may be unless otherwise ordered by a judge of the court.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 31.05
31.05 (1) In addition to any other materials that may be required by these rules or by order of a judge of the court, an applicant under this rule shall include in an application record: (a) the notice of application in Form 1; (b) a copy of the indictment to which the application relates; (c) legible copies of any reproducible materials relied upon in support of the application where it is proposed to argue the case for exclusion in whole or in part on a basis other than the testimony of witnesses; (d) where it is proposed to argue the case for exclusion in whole or in part on the basis of testimony of witnesses, legible copies of prior statements or statements of anticipated evidence in sufficient detail to show the essential features of the evidence proposed for admission; and, (e) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues raised. Respondent’s Application Record (2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall file a respondent’s application record and any other materials on which the respondent proposes to rely. Books of Authorities (3) Books of authorities shall be served and filed in accordance with rule 32, unless otherwise ordered by a judge of the court. Factums (4) Factums are not required for applications made under this rule, unless otherwise ordered by a judge of the court. (5) Where a judge orders that factums be served and filed on an application under this rule, the factums shall comply with rule 33, unless otherwise ordered by a judge of the court.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 32.01
32.01 (1) Books of authorities shall be served and filed by the applicant not later than thirty (30) days before the day first scheduled for the hearing of pre-trial applications or trial, as the case may be, unless otherwise ordered by a judge of the court under these rules. Respondent’s Authorities (2) Where factums are required, books of authorities shall be served and filed by the respondent not later than ten (10) days before the first day scheduled for the hearing of pre-trial applications or trial, as the case may be, and where factums are not required, not later than five (5) days before the same date, unless otherwise ordered by a judge of the court under these rules. Authorities Included (3) The books of authorities shall contain only those authorities that the parties intend to refer to in oral argument. Marking of Authorities (4) The portions of the authorities to which reference may be made in oral argument shall be highlighted or sidebarred. Legibility of Authorities (5) The copies of the authorities shall be legible and may be printed on both sides of each page. Duplication of Authorities (6) A party shall not duplicate authorities filed by any other party. Colour of Cover (7) The book of authorities shall be bound front and back in coloured stock of the same colour as the party’s factum, or as the factum would be if filed.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 33.01
itional facts relied on, with such reference to the transcripts of evidence by page and line or paragraph, as the case may be, as is necessary; (b) Part II entitled “Response to Applicant’s Issues”, which shall contain the position of the intervenor with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue; (c) Part III entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the intervenor, immediately followed by a concise statement of the law and the authorities relating to that issue; (d) Part IV entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; and (e) A schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III, or in alphabetical order, in paragraphs numbered consecutively throughout the factum. Length of Factum (6) Unless ordered otherwise by a judge, Parts I through IV of the factum, inclusive, shall not exceed twenty (20) pages in length. Form of Factum (7) The applicant’s factum shall be bound front and back in blue cover stock, the respondent’s factum shall be bound front and back in green cover stock and the intervenor’s factum shall be bound front and back in grey cover stock. (8) The factum shall be printed on good quality white paper 216 millimeters by 279 millimeters in size and the text shall be printed, typewritten, written or reproduced legibly on one side only with double spaces between the lines, except for quotations which may be single spaced, and margins of approximately forty millimeters on the left-hand side. (9) The characters used shall be at least 12 point or 10 pitch size. (10) Back sheets and covers shall be of 176g/m 2 cover stock. (11) The Registrar may refuse to accept a factum which does not comply with these rules, and in that case, the factum shall not be filed without a direction from a judge. Service and Filing of Factums (12) Unless otherwise ordered by a judge, the applicant’s factum shall be served and filed in accordance with rule 5 not later than thirty (30) days before the day first scheduled for the hearing of the pre-trial applications or the trial as the case may be. (13) Unless otherwise ordered by a judge, the respondent’s factum shall be served and filed in accordance with rule 5 not later than ten (10) days before the day first scheduled for the hearing of the pre-trial applications or the trial as the case may be. (14) Unless otherwise ordered by a judge, an intervenor’s factum shall be served and filed in accordance with rule 5 not later than five (5) days before the day scheduled for the hearing of the application to which it relates.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 34.01
34.01 The presiding judge shall determine the order in which pre-trial and other applications shall be heard and the manner in which the evidence in support of any application shall be presented.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 34.02
34.02 The presiding judge may conduct a preliminary assessment of the merits of any pre-trial or other application on the basis of the materials filed, and, if satisfied that there is no reasonable prospect that the application could succeed, may dismiss the application without further hearing or inquiry.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 34.03
34.03 Where an applicant has failed to comply with the rules governing an application, the application shall not be heard unless the presiding judge grants leave, after taking into account all the circumstances of the case, including but not limited to: (a) the nature of the applicant’s non-compliance with these rules; (b) the right of the applicant to raise issues, including issues relating to the admissibility of evidence and to have those issues determined on their merits; (c) the right of other parties to have a reasonable opportunity to respond to any issues raised by an applicant; (d) the need for an expeditious determination of pre-trial applications and the orderly conduct of trial proceedings; (e) the history of the pre-trial applications and the proceedings; (f) any notice given to other parties about the issues raised in the pre-trial applications; (g) the apparent merits of the application as reflected in any materials filed and any submissions made in the proceeding; (h) any prejudice to any other party in the proceeding; (i) the nature of the issues raised and the extent of their impact on the course of the trial or other proceeding; (j) any explanation advanced for failure to comply with these rules; and, (k) any other factors the judge considers relevant to his or her determination.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 34.04
34.04 The presiding judge may impose reasonable limits on oral submissions on any pre-trial or other application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 34.05
34.05 Where the presiding judge is satisfied that the interests of justice require it, she or he may order that the parties deliver written argument about any issue to be heard and determined as a pre-trial application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 35.01
35.01 This rule applies when the prosecutor indicates an intention to apply to have an offender declared a dangerous offender or a long-term offender under Part XXIV of the Code . SI/2014-5, s. 19
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 35.02
35.02 (1) If the prosecutor indicates an intention to apply to have the offender declared a dangerous offender or long-term offender, the prosecutor and solicitor of record shall complete questions 1 to 7 of Form 23 prior to his or her application. (2) If the court grants the application under subsection 752.1(1) of the Code , the prosecutor and solicitor of record shall complete questions 8 to 30 of Form 23 prior to the proceedings described in sections 753 or 753.1 of the Code , as the case may be. SI/2014-5, s. 20
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 35.03
35.03 (1) Upon the prosecutor’s indication to apply to have the offender declared a dangerous offender or long-term offender under Part XXIV of the Code , the sentencing hearing shall be subject to case supervision under section 482.1 of the Code and rule 29. (2) The case supervision judge shall be the trial judge, the judge designated to conduct the dangerous offender or long-term offender application if different than the trial judge, or a judge designated by the Regional Senior Judge. SI/2014-5, s. 21
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 35.04
35.04 The case supervision judge may: (a) establish or revise any schedule for pre-hearing applications; (b) secure the parties’ agreement, or give directions, about the order in which pre-hearing applications shall be heard; (c) secure the parties’ agreement, or give directions, about the manner in which evidence will be presented on the pre-hearing applications and at the hearing; (d) secure the parties’ agreement to, or give directions about, a judge other than the sentencing judge hearing and determining pre-hearing applications; (e) secure the parties’ agreement, or give directions about, the manner in which decisions made by a judge other than the sentencing judge on pre-hearing 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-hearing applications; (g) establish a schedule for the service and filing of any materials required for any pre-hearing 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 the application; and, (l) identify contested issues of fact and law and explore methods to resolve them.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
adjudication means (i) in appeals under paragraph 813(a) of the Code , (i) a conviction or order made against a defendant, (ii) a sentence passed on a defendant, or (iii) a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; (ii) in appeals under paragraph 813(b) of the Code , (i) an order that stays proceedings on an information or dismisses an information, (ii) a sentence passed upon a defendant, or (iii) a verdict of not criminally responsible on account of mental disorder or unfit to stand trial; and (iii) in appeals under subsection 830(1) of the Code , a conviction, judgment, verdict of acquittal, or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court; ( décision )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
appeal means an appeal from or against an adjudication in proceedings before a summary conviction court pursuant to Part XXVII of the Code ; ( appel )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
appeal court means the Superior Court of Justice, and in the case of appeals under section 813 of the Code , means the Superior Court of Justice in the region or county where the adjudication under appeal was made; ( cour d’appel )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
appellant means (i) in appeals under paragraph 813(a) of the Code , the defendant, (ii) in appeals under paragraph 813(b) of the Code , the informant or the Attorney General or his or her agent, (iii) in appeals under subsection 830(1) of the Code , a party in proceedings before a summary conviction court under Part XXVII of the Code or the Attorney General; ( appelant )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Attorney General means either the Attorney General for the Province of Ontario where the prosecution was instituted or conducted by the Attorney General of Ontario, or, where the prosecution was initiated or conducted at the instance of the Government of Canada, the Attorney General of Canada; ( procureur général )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
convicted person includes a person who has been granted a discharge under section 730 of the Code ; ( personne condamnée )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
counsel means a barrister or solicitor, in respect of the matters or things that barristers or solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings, who represents a party to the appeal, and, unless otherwise indicated in these rules where a party to the appeal has no counsel, includes that party; ( procureur )