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

Regulations are current to 2017-09-27 and last amended on 2012-07-01. Previous Versions

Marginal note:Time for other applications

 An application to which neither rule 2.4 nor rule 2.5 applies, such as an application made by a witness or by the media, shall be heard at least 30 days before the trial, unless the Court orders otherwise.

Marginal note:Applications on consent
  •  (1) Subject to subrule (2), an application in which all the parties are represented by counsel or by licensed paralegals may be dealt with on consent, without a hearing, if a party files a consent in Form 3.

  • (2) If the Court is of the opinion that the application requires a hearing, a hearing date shall be ordered.

  • (3) An application in which a party is not represented by counsel or by a licensed paralegal may be dealt with on consent if

    • (a) a party files a consent in Form 3;

    • (b) the self-represented party appears before the Court; and

    • (c) the Court is satisfied that the party understands the nature of the consent and the consequences of giving it.

Rule 3 — Service

Marginal note:Times for service
  •  (1) An application in Form 1 shall be served and filed with proof of service at least 30 days before the date of the hearing of the application.

  • (2) A response in Form 2 shall be served and filed with proof of service at least 15 days before the date of the hearing of the application.

  • Marginal note:Exceptions

    (3) Despite subrules (1) and (2), the time periods set out in those subrules may be shortened or lengthened

    • (a) by a local practice direction;

    • (b) by an order of the Court; or

    • (c) with the consent of the parties, except as described in rule 3.2.

Marginal note:Application for adjournment or to be removed from record

 On applications for adjournment and applications to be removed from the record, shortening the time periods set out in subrules 3.1(1) and (2) requires the approval of the Court, in addition to the consent of the parties.

Marginal note:Methods of service
  •  (1) Service under these rules may be made in person, by fax or by email, and hard copies of the documents served shall be filed.

  • Marginal note:Electronic filing technology

    (2) If electronic filing technology is available and a practice direction authorizes its use, the documents may be served electronically, filed electronically or both. When a document has been filed electronically, it is not necessary to file a hard copy, unless the Court orders otherwise.

Rule 4 — Case Management

Marginal note:Hearing and trial management

 When conducting a hearing or trial, the Court has the power to make any order or direction in relation to the conduct of the proceeding that would assist in ensuring that it is conducted in accordance with the fundamental objective set out in rule 1.1.

Marginal note:Judicial pre-trial conference
  •  (1) In this rule, pre-trial means a judicial pre-trial conference.

  • (2) Before attending the pre-trial, it is desirable for the parties to

    • (a) meet in order to attempt to resolve issues; and

    • (b) review the file.

  • (3) At the pre-trial, it is required that the parties have authority to make decisions on

    • (a) disclosure;

    • (b) applications, including Charter applications, that the parties will bring at trial;

    • (c) the number of witnesses each party intends to call at the preliminary inquiry or at trial;

    • (d) any admissions the parties are willing to make;

    • (e) any legal issues that the parties anticipate may arise in the proceeding;

    • (f) an estimate of the time needed to complete the proceeding; and

    • (g) resolution of the matter, if appropriate.

  • Marginal note:Materials

    (4) At least three days before the pre-trial, the prosecutor shall give the pre-trial judge a copy of a synopsis of the allegations, unless a local practice direction provides otherwise.

  • (5) If the defence gives the pre-trial judge additional material, it shall do so at least three days before the pre-trial, if possible.

  • Marginal note:Communications technology

    (6) If the pre-trial judge agrees, the pre-trial may be held by telephone or by means of some other form of communications technology.

  • Marginal note:Judicial directions

    (7) After hearing from the parties during the pre-trial, the pre-trial judge may take one or more of the following steps:

    • (a) confirm or amend the estimates of the time required to hear the proceeding;

    • (b) set timelines for the exchange of materials on applications to be heard, or for the completion of disclosure on matters to be set for trial or preliminary hearing;

    • (c) set times for the hearing of applications; and

    • (d) set a date for a further pre-trial, if required.

  • Marginal note:Record of pre-trial agreements and admissions

    (8) At the completion of the pre-trial, any agreements or admissions may be signed or otherwise recorded, transcribed and attached to the information for the assistance of the trial judge.

Marginal note:Focus hearing, preliminary inquiry
  •  (1) A proceeding that is to have a preliminary inquiry shall have a hearing under section 536.4 of the Code if the preliminary inquiry judge so directs.

  • (2) The hearing shall be attended by

    • (a) counsel who will be conducting the preliminary inquiry, or another counsel designated by him or her with authority to make binding decisions; and

    • (b) the accused, if he or she is self-represented.

  • Marginal note:Materials

    (3) The party who requested the preliminary inquiry shall serve the following materials on the opposing parties, together with the statement of issues and witnesses required by section 536.3 of the Code, and file them with proof of service, at least three days before the hearing:

    • (a) a list of witnesses whom the parties seek to have testify in person at the preliminary inquiry and, for each witness named in the list,

      • (i) a brief synopsis of the expected evidence,

      • (ii) an explanation of why in-person testimony is necessary, and

      • (iii) an estimate of the time required to examine or cross-examine the witness;

    • (b) a list of witnesses whom the parties propose to examine through a discovery process;

    • (c) a brief statement as to whether committal for trial is in issue, and on what basis; and

    • (d) a statement of admissions agreed upon between the parties.

  • Marginal note:Absence of agreement

    (4) At the conclusion of the hearing, if the parties do not agree as to the witnesses to be called at the preliminary inquiry, either party may schedule a hearing in accordance with subsections 540(7), (8) and (9) of the Code.

Marginal note:Discovery, preliminary inquiry
  •  (1) At any time before committal for trial, the evidence of a witness may be taken by means of a discovery process if the parties and the preliminary inquiry judge agree.

  • Marginal note:Official record

    (2) Evidence taken under subrule (1) forms part of the official record of the preliminary inquiry.

  • Marginal note:Exception, vulnerable witness

    (3) Subrule (1) does not apply to a witness who is

    • (a) less than 18 years old; or

    • (b) the complainant in a proceeding involving sexual or physical violence.

 
Date modified: