Criminal Rules of the Ontario Court of Justice
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the executive Council, orders that:
the appended document, being the Criminal Rules of the Ontario Court of Justice, made by the Ontario Court of Justice under the Criminal Code (Canada), be approved.
March 22, 2012
RULE 1 — GENERAL
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.
1.3 In these rules,
« Charte »
“Charter” means the Charter of Rights and Freedoms;
« Code »
“Code” means the Criminal Code;
« 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;
« instance »
“proceeding” means a proceeding under the Code.
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