Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings

SI/2004-134

CRIMINAL CODE

Registration 2004-10-20

Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings

The Provincial Court of Newfoundland and Labrador, with the concurrence of the judges of that Court, pursuant to subsections 482(2) and (3) of the Criminal Code, hereby makes the annexed Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, effective November 1, 2004.

Dated October 1, 2004

M.R. Reid,
Chief Judge, on behalf of the
Provincial Court of Newfoundland and Labrador

PART IGeneral

Rule 1 — Citation, Application and Interpretation

Citation

Marginal note:Title
  •  (1) These rules may be cited as the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings.

  • Marginal note: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)).

  • Marginal note: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)).

Application

Marginal note:Provincial Court of Newfoundland and Labrador
  •  (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.

  • Marginal note:Coming into Force

    (2) These rules come into force on November 1, 2004.

Definitions

 The following definitions apply in these rules, unless the context otherwise requires.

affidavit

affidavit means a written statement in Form 2 confirmed by oath, or a solemn affirmation. (affidavit)

applicant

applicant means a person who makes an application. (requérant)

application

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)

Charter

Charter means the Canadian Charter of Rights and Freedoms. (Chartre)

clerk

clerk means the clerk of the court. (greffier)

Code

Code means the Criminal Code. (Code)

counsel

counsel means a barrister and solicitor entitled to practise in the Province of Newfoundland and Labrador. (avocat)

counsel of record

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)

court

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)

court office

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)

deliver

deliver means to serve and file with proof of service, and delivery has a corresponding meaning. (remettre)

document

document includes a Notice of Application, affidavit or any other material required or permitted to be served and filed under these rules. (document)

hearing

hearing means the hearing of an application, motion or preliminary inquiry, or a trial. (audience)

holiday

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)

information

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)

judge

judge means a judge of the court and includes a justice of the peace when the context requires. (juge)

judgment

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)

order

order includes a judgment. (ordonnance)

proceeding

proceeding includes an application, trial, preliminary inquiry or other hearing. (instance)

prosecutor

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)

respondent

respondent means a person against whom an application is made. (intimé)

statute

statute includes the Code and any other statute passed by the Parliament of Canada to which the Code provisions apply. (loi)

Interpretation

Marginal note:General Principle
  •  (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.

  • Marginal note:Matters Not Provided For

    (2) If matters are not provided for in these rules, the practice shall be determined by analogy to them.

  • Marginal note: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.

Application of code provisions

 The interpretation sections of the Code apply to these rules.

Forms

 The forms set out in the schedule shall be used when applicable and with such variations as the circumstances require.

Rule 2 — Non-Compliance with the Rules

Effect of non-compliance

 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.

Court may dispense with compliance

 The court may, only if and as necessary in the interests of justice, dispense with compliance with any rule at any time.

Rule 3 — Time

Computation

  •  (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.

 
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