Materials for Use on Application

Marginal note:Materials to Be Filed
  •  (1) The Notice of Application shall include, whether by affidavit by or on behalf of the applicant or otherwise, the matters described in subrule (2).

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

    (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain

    • (a) a copy of the information(s) to which the application relates;

    • (b) particulars of any prior applications to have the accused tried separately on one or more of the counts in an information or, if there is more than one accused, to have one or more of them tried separately on one or more of the counts, including, if available, transcripts of proceedings taken on those applications; and

    • (c) a full statement of all facts material to a determination of the application without disclosing any solicitor-client communications in respect of which solicitor-client privilege has not been waived.

  • Marginal note:Factum May Be Required

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

Consent in Writing

 The respondent may consent in writing to the order sought on terms included in a draft order filed, and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.

Rule 17 — Applications for Particulars

Application

 This rule applies to applications under subsection 587(1) of the Code for an order that the prosecutor furnish particulars in respect of an information or a count in an information prior to commencement of the trial.

To Whom Application Made

 Applications under rule 17.01 shall be made to a judge sitting 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 information or a count in the information be particularized.

Service of Notice

Marginal note:General Rule
  •  (1) Service of the Notice of Application under this rule and the supporting materials required by rule 17.05 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) 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.

Materials for Use on Application

Marginal note:Materials to Be Filed
  •  (1) The Notice of Application under this rule shall include, whether by affidavit by or on behalf of the applicant or otherwise, the matters described in subrule (2).

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

    (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain

    • (a) a copy of the information(s) to which the application relates;

    • (b) a statement of any prior applications to have the information or a count thereof particularized, including, if available, transcripts of proceedings taken on those applications; and

    • (c) a full statement of all facts material to a determination of the application, including

      • (i) the matters disclosed by the evidence taken on any other proceedings,

      • (ii) the evidence expected to be taken on the trial,

      • (iii) the circumstances of the case, and

      • (iv) whether, having regard to the merits of the case, it is necessary for a fair trial that particulars be furnished.

  • Marginal note:Application Record and Factum Not Required

    (3) No application record or factum is required on applications under this rule.

Consent in Writing

 The respondent may consent in writing to the order sought on terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.

PART IIITrial Proceedings and Evidence

Rule 18 — Exclusion of Evidence

Application

 This rule applies to applications under subsection 24(2) of the Charter for the exclusion of evidence.

To Whom Application Made

 Applications under rule 18.01 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 in accordance with rules 18.02 and 18.04;

  • (b) the nature of the application intended to be brought;

  • (c) the anticipated evidence sought to be excluded, including any anticipated derivative evidence sought to be excluded;

  • (d) the grounds to be argued, including a concise statement of the exclusionary issue under the Charter to be raised, a statement of the exclusionary principles under the Charter to be argued and a reference to any statutory provision or rule on which reliance will be placed;

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

  • (f) the precise relief under the Charter sought on the application; and

  • (g) 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 18.03 and the supporting materials required by rule 18.05 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 on which the trial proceedings are scheduled to commence.

  • 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, at least 10 days before the date on which the trial proceedings are scheduled to commence.

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 exclusionary issue under the Charter is raised, a Notice of Application under rule 18.03 shall be accompanied by

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

    • (b) a transcript of any proceedings earlier taken that are material to a determination of the exclusionary 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 exclusionary 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 exclusionary 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 19 — Applications to Adduce Evidence of Complainant’s Sexual Activity

Application

 This rule applies to applications under section 276.1 of the Code to adduce evidence of the complainant’s sexual activity.

To Whom Application Made

 Applications under rule 19.01 shall be made to the judge assigned to preside over the trial, in the court centre in which the trial is to be held.

 
Date modified: