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

Regulations are current to 2016-02-03 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; (Charte)

Code

Code

Code means the Criminal Code; (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; (tribunal)

proceeding

instance

proceeding means a proceeding under the Code. (instance)

Rule 2 — Applications

Marginal note:Application
  •  (1) An application shall be commenced by serving an application in Form 1 on the opposing parties and any other affected parties and filing it with proof of service.

  • Marginal note:Contents of document

    (2) The application in Form 1 shall include

    • (a) a concise statement of the subject of the application;

    • (b) a statement of the grounds to be argued; and

    • (c) a detailed statement of the factual basis for the application, specific to the individual proceeding.

  • Marginal note:Transcripts

    (3) If determination of the application is likely to require a transcript, the applicant shall serve and file it with the application in Form 1.

Marginal note:Response
  •  (1) A party responding to an application shall serve a response in Form 2 on the applicant and any other affected parties and file it with proof of service.

  • Marginal note:Contents of document

    (2) The response in Form 2 shall include

    • (a) a concise statement of the party’s reasons for responding to the application;

    • (b) a response to the applicant’s grounds; and

    • (c) a detailed statement of the factual basis for the party’s position, specific to the individual proceeding.

Marginal note:Additional material
  •  (1) If the application in Form 1 complies with subrules 2.1(2) and (3), no additional material need be served and filed unless required by an order of a pre-trial or trial judge.

  • (2) Applicants and responding parties may serve and file any additional factual and legal material that they consider appropriate and helpful to assist the Court, including

    • (a) a brief statement of the legal argument to be made;

    • (b) one or more affidavits;

    • (c) case law to be relied upon, other than well-known precedents; and

    • (d) an agreed statement of facts.

Marginal note:Time for pre-trial applications
  •  (1) A pre-trial application shall be heard at least 60 days before trial, unless the Court orders otherwise.

  • (2) For the purposes of subrule (1), pre-trial applications include

    • (a) procedural applications, such as applications for adjournments or withdrawal of counsel of record;

    • (b) preparatory applications for matters that are necessary before proceeding to trial, such as disclosure, release of exhibits for testing or commission evidence;

    • (c) applications for severance and for particulars;

    • (d) applications for the appointment or removal of counsel; and

    • (e) applications for a stay of proceedings for unreasonable delay under paragraph 11(b) of the Charter.

  • (3) An application for a stay of proceedings for unreasonable delay under paragraph 11(b) of the Charter shall be brought before the assigned trial judge.

Marginal note:Time for trial applications
  •  (1) A trial application shall be heard at the start of the trial or during the trial, unless the Court orders otherwise.

  • (2) For the purposes of subrule (1), trial applications include

    • (a) applications under the Charter, such as applications that

      • (i) challenge the constitutionality of legislation,

      • (ii) seek a stay of proceedings, except for unreasonable delay under paragraph 11(b) of the Charter, or

      • (iii) seek the exclusion of evidence;

    • (b) complex evidentiary applications, such as applications for the admission of

      • (i) similar act evidence,

      • (ii) evidence of a complainant’s prior sexual activity, or

      • (iii) hearsay evidence; and

    • (c) applications for access to records held by persons who are not parties to the proceeding.

 
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