Contents of Notice

 The Notice of Application shall state

  • (a) the place and date of hearing as determined under rules 19.02 and 19.04;

  • (b) detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial;

  • (c) the grounds to be argued, including a concise statement of the probative value of the evidence sought to be adduced and a reference to any statutory provision or rule on which reliance will be placed;

  • (d) the documentary, affidavit or other evidence to be used at the hearing of the application; and

  • (e) whether an 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.

Filing and Serving of Notice

Marginal note:General Rule
  •  (1) Service of the Notice of Application under rule 19.03 and the supporting materials required by rule 19.05 shall be made on the prosecutor in accordance with Rule 5, not later than seven days before the date fixed for the hearing of the application.

  • Marginal note:Filing with Proof of Service

    (2) Notice of Application and supporting materials, together with proof of service thereof, shall be filed in the court office for the place where the application is to be heard, not later than seven days before the date fixed for the hearing of the application.

Materials for Use on Application

Marginal note:Materials to Be Filed
  •  (1) In addition to any other materials that may be required in the proceedings in which it is sought to adduce evidence of the complainant’s sexual activity, a Notice of Application under rule 19.03 shall be accompanied by

    • (a) a copy of the information(s) to which the evidentiary issue raised in the Notice of Application relates;

    • (b) a transcript of any proceedings earlier taken that are material to a determination of the evidentiary issue raised in the Notice of Application;

    • (c) if necessary to complete the record, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2); and

    • (d) a copy of any other material in the court file that is necessary for the hearing and determination of the evidentiary issue raised in the Notice of Application.

  • Marginal note:Affidavit by or on Behalf of the Applicant

    (2) The affidavit filed by or on behalf of the applicant described in clause (1)(c) shall include

    • (a) a description of the affiant’s status and the basis of his or her knowledge of the matters deposed;

    • (b) a statement of the particulars of the charge to which the application relates; and

    • (c) a statement of the facts material to a just determination of the evidentiary issue that are not disclosed in any other materials filed in support of the application.

  • Marginal note:Respondent’s Documentary, Affidavit or Other Evidence

    (3) If the respondent seeks to rely on material that is not required to be filed under subrule (1) or (2), the respondent shall file documentary, affidavit or other evidence on which reliance shall be placed not later than five days before the hearing of the application.

  • Marginal note:Factum May Be Required

    (4) A judge may require that factums complying with rules 6.06 to 6.08 be filed on applications under this rule.

Rule 20 — Applications for Production of Records Not in Possession of Prosecutor

Application

  •  (1) This rule applies to applications made under section 278.3 of the Code for the production of records not in the possession of the prosecutor.

  • Marginal note:Definition of “Record”

    (2) For the purposes of this rule, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any statute of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.

To Whom Application Made

 Applications under rule 20.01 shall be made to the judge assigned to preside over the trial, at the court centre in which the trial is to be held.

Contents of Notice

 The Notice of Application shall state

  • (a) the place and date of hearing as determined under rules 20.02 and 20.04;

  • (b) detailed particulars identifying the record that the accused seeks to have produced and the name of the person who has possession or control of the record;

  • (c) the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify;

  • (d) the documentary, affidavit or other evidence to be used at the hearing of the application; and

  • (e) whether an 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.

Filing and Serving of Notice

Marginal note:General Rule
  •  (1) Service of the Notice of Application under rule 20.03 and the supporting materials required by rule 20.05 shall be made on the prosecutor, on the person who has possession or control of the record and on any other person to whom, to the knowledge of the accused, the record relates, in accordance with Rule 5, not later than seven days before the date fixed for the hearing of the application.

  • Marginal note:Filing with Proof of Service

    (2) Notice of Application and supporting materials, together with proof of service thereof, shall be filed in the court office for the place where the application is to be heard, not later than seven days before the date fixed for the hearing of the application.

Materials for Use on Application

Marginal note:Materials to Be Filed
  •  (1) In addition to any other materials that may be required in the proceedings in which the accused makes application for the production of records, a notice of application under rule 20.03 shall be accompanied by

    • (a) a copy of the information(s) to which the production issue raised in the notice of application relates;

    • (b) a transcript of any proceedings earlier taken that are material to a determination of the production issue raised in the notice of application;

    • (c) if necessary to complete the record, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2);

    • (d) a copy of any other material in the court file that is necessary for the hearing and determination of the production issue raised in the notice of application; and

    • (e) a copy of the subpoena served on the person who has possession or control of the record.

  • Marginal note:Affidavit by or on Behalf of the Applicant

    (2) The affidavit filed by or on behalf of the applicant described in clause (1)(c) shall include

    • (a) a description of the affiant’s status and the basis of his or her knowledge of the matters deposed;

    • (b) a statement of the particulars of the charge to which the application relates; and

    • (c) a statement of the facts material to a just determination of the production issue that are not disclosed in any other materials filed in support of the application.

  • Marginal note:Respondent’s Documentary, Affidavit or Other Evidence

    (3) If the respondent seeks to rely on material that is not required to be filed under subrule (1) or (2), the respondent shall file documentary, affidavit or other evidence on which reliance shall be placed not later than five days before the hearing of the application.

  • Marginal note:Factum May Be Required

    (4) A judge may require that factums complying with rules 6.06 to 6.08 be filed on applications under this rule.

 
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