Criminal Rules of the Ontario Court of Justice (SI/2012-30)

Regulations are current to 2014-12-08 and last amended on 2012-07-01. Previous Versions

Criminal Rules of the Ontario Court of Justice

SI/2012-30

CRIMINAL CODE

Registration 2012-04-25

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.

Recommended
JOHN GERRETSEN
Attorney General
Concurred
JOHN GERRETSEN
Chair of Cabinet
Approved and Ordered
April 4, 2012
DAVID C. ONLEY
Lieutenant Governor

The Ontario Court of Justice, pursuant to subsections 482(2) and 482.1(1) of the Criminal Code, hereby makes the annexed Criminal Rules of the Ontario Court of Justice.

March 22, 2012

THE HONOURABLE ANNEMARIE E. BONKALO
Chief Justice

RULE 1 — GENERAL

Marginal note:Fundamental objective
  •  (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

 These rules apply to all proceedings before the Court.

Marginal note:Definitions

 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.