Rule 64 — Prerogative Writ (SI/2009-22)

Regulations are current to 2017-11-20 and last amended on 2009-02-27. Previous Versions

Rule 64 — Prerogative Writ

SI/2009-22

CRIMINAL CODE

Registration 2009-04-01

Rule 64 — Prerogative Writ

The Supreme Court of Nova Scotia, pursuant to section 482Footnote a of the Criminal CodeFootnote b, hereby makes the annexed Rule 64 — Prerogative Writ.

Halifax, Nova Scotia, February 27, 2009

THE HONORABLE JOSEPH P. KENNEDY
Chief Justice of the Supreme Court of Nova Scotia

Scope of Rule 64

  •  (1) This Rule is made under subsections 482(1) and (3) of the Criminal Code.

  • (2) A person may apply for a prerogative writ in relation to a criminal proceeding, or imprisonment, in accordance with this Rule.

Writ is granted by order

 A judge may grant an order having the effect of mandamus, certiorari, prohibition, or habeas corpus in relation to a criminal proceeding, or imprisonment.

Mandamus, certiorari, and prohibition

  •  (1) A person who wishes to obtain an order having the effect of mandamus, certiorari, or prohibition may start the proceeding by filing a notice for judicial review in the form prescribed by Rule 7 — Judicial Review and Appeal.

  • (2) The notice must be filed no more than twenty-five days after the day of the decision under review, another action under review, or an alleged failure to act, unless a longer period is allowed by a judge under Rule 2.03(1)(c) of Rule 2 — General.

  • (3) Rules 7.05, 7.06, and 7.08 to 7.10 of Rule 7 — Judicial Review and Appeal apply to a judicial review for mandamus, certiorari, or prohibition to the extent that they are consistent with the Criminal Code and this Rule.

  • (4) Notice must be given to the Crown as a respondent by delivering a copy of the notice for judicial review to the office of the person who represents the Crown in the proceeding under review.

  • (5) Notice must be given to a respondent who is not the Crown in accordance with the provisions for giving notice of a proceeding to a party in Rule 31 — Notice.

Habeas corpus

  •  (1) A person under imprisonment, or other criminal detention, may obtain a review of the legality of the detention by filing a notice for habeas corpus in the form prescribed by Rule 7 — Judicial Review and Appeal.

  • (2) Rules 7.12 to 7.17 of Rule 7 — Judicial Review and Appeal apply to an application for habeas corpus brought in relation to a criminal proceeding or imprisonment, to the extent that they are consistent with the Criminal Code.

Other Rules apply

 All Rules outside this Rule apply to the extent that they provide procedures suitable to mandamus, certiorari, prohibition, or habeas corpus in connection with a criminal proceeding or imprisonment and are consistent with the provisions of the Criminal Code and this Rule.

 
Date modified: