Filing and Serving of Notice

  •  (1) In cases provided for by clauses 14.01(a) and (b), service of the Notice of Application and Constitutional Issue and of the supporting materials required by rule 14.05, shall be made on the prosecutor and all other parties to the proceedings, as the case may be, not later than 15 days before the date fixed for the hearing of the application or, if the application is to be made at trial before the trial judge, not later than 15 days before the date on which the proceeding is scheduled to commence.

  • (2) In cases provided for by clause 14.01(c), service of the Notice of Application and Constitutional Issue and of the supporting materials required by rule 14.05, shall be made on the prosecutor and all other parties to the proceedings, as the case may be, not later than three days before the date fixed for the hearing of the application or, if the application is to be made at trial before the trial judge, not later than three days before the date on which the proceeding is scheduled to commence.

  • Marginal note:Manner of Service

    (3) Service of the Notice of Application and Constitutional Issue and supporting materials under clause 14.01(a) or (b) shall be made in accordance with Rule 5

    • (a) on the office of the prosecutor having carriage of the proceedings; and

    • (b) on the regional 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.

  • (4) If the application is made under clause 14.01(c) at trial before the trial judge, service of the Notice of Application and Constitutional Issue, and of supporting materials, shall be made in accordance with Rule 5

    • (a) on the office of the prosecutor having carriage of the proceedings; and

    • (b) on any other person and any terms that the trial judge may direct.

Materials for Use on Application

Marginal note:Materials to Be Filed — Documentary, Affidavit or Other Evidence
  •  (1) If any party seeks to rely on documentary, affidavit or other material, the material shall be filed not later than two days before the hearing.

  • Marginal note:Applicant’s Application Record and Factum

    (2) The applicant shall prepare an application record and factum in compliance with subrules 6.05(1) and (2) and rules 6.06 and 6.07.

  • Marginal note:Respondent’s Application Record and Factum

    (3) The respondent shall prepare an application record and factum in compliance with subrules 6.05(3) and 6.06(2) and (3) and rule 6.08.

  • Marginal note:Further Application Record and Factum

    (4) A judge, before the hearing of the application, may give directions concerning the filing of further application records and factums.

Rule 15 — Pre-hearing Conferences

Application

 A pre-hearing conference in respect of a charge contained in an information shall be held by a judge at such time and date and in such place and manner as the judge may direct, or at such further dates, times and places as the judge who presides at the pre-hearing conference may direct.

Attendance of Counsel of Record and Accused

Marginal note:Attendance at Conference
  •  (1) Unless otherwise ordered by a judge in accordance with rule 2.02, the prosecutor and counsel of record, each fully briefed in respect of the issues to be discussed at the pre-hearing conference, or, in the case of an accused who is not represented by counsel of record, the accused, shall be present at the pre-hearing conference.

  • Marginal note:Availability of Accused

    (2) A judge may require that an accused, represented by counsel of record, be available for consultation with counsel in respect of matters to be considered at the pre-hearing conference and that an investigating officer be available for consultation with the prosecutor.

  • Marginal note:Completion in Draft of Pre-hearing Conference Report

    (3) Prior to attending the pre-hearing conference, the prosecutor and counsel of record shall jointly prepare in draft a Pre-hearing Conference Report in Form 13, to be presented to the pre-hearing conference judge at the judge’s request.

  • Marginal note:Completion of Pre-hearing Conference Report If Accused Not Represented by Counsel

    (4) If the accused is not represented by counsel, the prosecutor shall at the request of the pre-hearing conference judge complete in draft the Pre-Hearing Conference Report in Form 13.

The Pre-hearing Conference

Marginal note:General Nature
  •  (1) Unless otherwise ordered by the pre-hearing conference judge in accordance with rule 2.02, a pre-hearing conference shall be an informal meeting conducted in chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings thereafter taking place.

  • Marginal note:Specific Inquiries to be Made

    (2) Without restricting the generality of rule 15.01 or subrule (1), a pre-hearing conference judge may inquire as to

    • (a) the extent of disclosure made by the prosecutor and any or further requests therefor by an accused or counsel of record;

    • (b) the nature and particulars of any applications to be made at the outset of the proceedings, including any application

      • (i) to contest the laying of the information or any count thereof,

      • (ii) to stay or otherwise determine the proceedings prior to plea or the introduction of evidence,

      • (iii) to change the venue of trial or adjourn the hearing of the proceeding,

      • (iv) to challenge the sufficiency of the information, to order particulars or to amend the information or any count thereof,

      • (v) to sever the trial of any count(s) or accused from the trial(s) of any other accused or count,

      • (vi) concerning the special pleas of autrefois acquit, autrefois convict or pardon, and

      • (vii) to determine the fitness of an accused to stand trial;

    • (c) the possibility of resolution of any or all of the issues in the proceedings, including the possible disposition of any or all counts contained in the information whether by plea of guilty or otherwise;

    • (d) the simplification of any issues that remain to be contested at the proceedings;

    • (e) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceedings;

    • (f) the estimated duration of the proceedings;

    • (g) the advisability of fixing a date for the commencement of the proceeding; and

    • (h) any other matter that may assist in promoting a fair, just and expeditious proceeding.

Pre-hearing Conference Report

Marginal note:Completion of Report
  •  (1) The pre-hearing conference judge, on the completion of the hearing, may complete a Pre-hearing Conference Report in Form 13, a copy of which shall be provided to the prosecutor and counsel of record, or to the accused if the accused is not represented by counsel of record, and may be provided to the trial judge, together with any materials filed by counsel of record on the pre-hearing conference relating to matters to be raised at trial.

  • Marginal note:No Disclosure

    (2) Except with the express consent of the prosecutor and counsel of record, the pre-hearing conference judge shall not disclose to the judge presiding at trial any communications or discussion relating to a plea of guilty unless, whether pursuant to subsection 606(4) of the Code or otherwise, a plea of guilty will be entered at trial.

Other Pre-hearing Conferences

 Nothing in these rules shall be construed or interpreted so as to preclude a judge from conducting, with the consent of the prosecutor and counsel of record, any other informal pre-hearing conferences, in addition to the conference provided for in subsection 625.1(1) of the Code, on any terms that the judge deems fit.

Rule 16 — Applications for Severance of Accused or Counts

Application

 This rule applies to applications under subsection 591(3) of the Code for an order that the accused be tried separately on one or more of the counts in an information or, if there is more than one accused, that one or more of them be tried separately on one or more of the counts.

To Whom Application Made

 Applications under rule 16.01 shall be made to the judge assigned to preside over the trial, in the court centre in which the trial is to be held.

Contents of Notice

 The Notice of Application shall include a statement of the manner in which it is proposed that the accused be tried separately on one or more of the counts in an information, or, if there is more than one accused, a statement of the manner in which it is proposed that one or more of them be tried separately on one or more of the counts.

Service of Notice

Marginal note:General Rule
  •  (1) Service of the Notice of Application under this rule, and of the supporting materials required by rule 16.05, shall be made on the prosecutor and all other parties to the proceedings, as the case may be, in accordance with Rule 5, not later than 15 days before the date fixed for the hearing of the application, which shall be not later than 10 days before the date fixed for trial.

  • Marginal note:Filing with Proof of Service

    (2) The 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 10 days before the date fixed for the hearing of the application.

 
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