Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

Regulations are current to 2013-05-26 and last amended on 2012-03-01. Previous Versions

Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

SI/2012-7

CRIMINAL CODE

Registration 2012-02-29

Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

The Superior Court of Justice (Ontario), pursuant to subsections 482(1)Footnote 1 and (3)Footnote 2 of the Criminal Code, repeals the Ontario Court of Justice Criminal Proceedings RulesFootnote 3, the Ontario Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for ParoleFootnote 4 and the Rules Amending the Ontario Court of Justice Criminal Proceedings RulesFootnote 5 and hereby makes the annexed Criminal Proceedings Rules for the Superior Court of Justice (Ontario), effective March 1, 2012.

February 3, 2012

H. J. SMITH
Chief Justice

PART I: GENERAL MATTERS [Rules 1-19]

Rule 1 Citation, Application and Interpretation

Citation

Short Title

  • 1.01 (1) These rules may be cited as the Criminal Proceedings Rules for the Superior Court of Justice (Ontario).

Subdivision

  • (2) In these rules,

    • (a) all the provisions identified by the same number to the left of the decimal point comprise a Rule (for example, Rule 1, which consists of rules 1.01 to 1.06);

    • (b) a provision identified by a number with a decimal point is a rule (for example, rule 1.01); and

    • (c) a rule may be subdivided into,

      • (i) subrules (for example, subrule 1.01(1)),

      • (ii) clauses (for example, clause 1.01(2)(a) or 4.06(1)(b)), and,

      • (iii) subclauses (for example, subclause 1.01(2)(c)(i) or 4.08(11)(a)(i)).

Alternative References

  • (3) In a proceeding in the court, it is sufficient to refer to a rule or subdivision of a rule as a “rule” followed by the number of the rule, subrule, clause or subclause (for example, rule 1.01, rule 1.01(2), rule l.01(2)(c), rule 1.01(2)(c)(iii)).

Application of Rules

Superior Court of Justice

  • 1.02 (1) These rules are enacted pursuant to subsection 482(1) of the Criminal Code and apply to prosecutions, proceedings, applications and appeals, as the case may be, within the jurisdiction of the Superior Court of Justice, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, application or appeal.

Parole Ineligibility Review Hearings

  • (2) Rule 50 which will be attached to these rules for administrative purposes is enacted by the Chief Justice of the Superior Court of Justice in accordance with subsection 745(5) of the Code.

Transitional Provisions