Marginal note:Fundamental objective

• 1.1 (1) The fundamental objective of these rules is to ensure that proceedings in the Ontario Court of Justice are dealt with justly and efficiently.

• (2) Dealing with proceedings justly and efficiently includes

  • (a) dealing with the prosecution and the defence fairly;

  • (b) recognizing the rights of the accused;

  • (c) recognizing the interests of witnesses; and

  • (d) scheduling court time and deciding other matters in ways that take into account

    • (i) the gravity of the alleged offence,

    • (ii) the complexity of what is in issue,

    • (iii) the severity of the consequences for the accused and for others affected, and

    • (iv) the requirements of other proceedings.

• Marginal note:Duty of counsel, paralegals, agents and litigants

  (3) In every proceeding, each counsel, paralegal, agent and litigant shall, while fulfilling all applicable professional obligations,

  • (a) act in accordance with the fundamental objective; and

  • (b) comply with

    • (i) these rules,

    • (ii) practice directions, and

    • (iii) orders made by the Court.

• Marginal note:Duty of Court

  (4) The Court shall take the fundamental objective into account when

  • (a) exercising any power under these rules; or

  • (b) applying or interpreting any rule or practice direction.

Marginal note:Scope of rules

1.2 These rules apply to all proceedings before the Court.

Marginal note:Definitions

1.3 In these rules,

“Charter”

« Charte »

“Charter” means the Charter of Rights and Freedoms;

“Code”

« Code »

“Code” means the Criminal Code;

“Court”

« tribunal »

“Court” means a judge of the Ontario Court of Justice, and includes a justice of the peace in a context where the Code allows a justice of the peace to act;

“proceeding”

« instance »

“proceeding” means a proceeding under the Code.