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

Regulations are current to 2017-09-27 and last amended on 2014-01-01. Previous Versions

Service of Notice

General Rule

  •  (1) Service of the notice of application under this rule and the supporting materials required by rule 26.05 shall be made upon the prosecutor or accused, as the case may be, in accordance with rule 5, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial.

Filing with Proof of Service
  • (2) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.

Materials for Use on Application

Materials to be Filed

  •  (1) The notice of application in Form 1 under this rule shall be accompanied by an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2).

Affidavit by or on Behalf of the Applicant
  • (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain:

    • (a) particulars of the indictment in which is contained the charge upon which the order adjourning the date upon which trial proceedings are scheduled to commence is sought;

    • (b) particulars of any prior applications, whether on behalf of the accused or the prosecutor, to have the trial of the indictment adjourned from a date fixed for trial to a subsequent date, including, where available, transcripts of proceedings taken upon such applications;

    • (c) a full statement of all facts material to a determination of the application without disclosing any solicitor client communications in respect of which solicitor client privilege has not been waived; and,

    • (d) a statement of the date or dates to which it is proposed to adjourn the matter for trial.

Application Record and Factum Not Required
  • (3) No application record or factum is required on applications under this rule.

  • SI/2014-5, s. 10(E).

Consent in Writing

 The respondent may consent in writing to the order sought upon terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of solicitors.

Rule 27: Constitutional Issues

Application of the Rule

 This rule applies to applications in criminal proceedings:

  • (a) to declare unconstitutional and of no force and effect, in whole or in part, any enactment of the Parliament of Canada;

  • (b) to declare unconstitutional and of no force and effect, in whole or in part, any rule or principle of law applicable to criminal proceedings, whether on account of subsection 8(2) or (3) of the Criminal Code or otherwise; and,

  • (c) to stay proceedings upon an indictment against an accused, in whole or in part, or for any other remedy under subsection 24(1) of the Charter, and/or subsection 52(1) of the Constitution Act, 1867 on account of an infringement or denial of any right or freedom guaranteed under the Charter or otherwise.

To Whom Made

  •  (1) Applications under this rule shall be made to a judge of the court in the county, district or region where the criminal proceedings to which the application relates are being or are to be heard.

  • (2) If an application made under paragraph 27.01(a) or (b) relates to an application under Part III of these rules, the application under this rule shall be heard and determined by the judge who hears the applications under Part III of these rules.

  • SI/2014-5, s. 11.

Contents of Notice

 The notice of application and constitutional issue in Form 5 shall state:

  • (a) the place and date of hearing in accordance with rules 27.02 and 27.04;

  • (b) the precise relief sought upon the application;

  • (c) the grounds to be argued, including a concise statement of the constitutional issue to be raised, a statement of the constitutional principles to be argued and a reference to any statutory provision or rule upon which reliance will be placed;

  • (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and,

  • (e) whether any order is required abridging or extending the time for service or filing of the notice of application or supporting materials required under rule 6.05.

Filing and Service of Notice

General Rule

  •  (1) An applicant shall give notice of application and constitutional issue in Form 5 and in accordance with rule 27.03, not later than thirty (30) days before the date on which the application is scheduled to be heard.

Manner of Service
  • (2) For applications under rule 27.01 for a declaration or remedy otherwise than at trial before the trial judge, service of the notice of application and constitutional issue in Form 5 and other materials required by these rules, the Criminal Code or federal statute shall be made upon:

    • (a) the Constitutional Law Division of the Ministry of the Attorney General of Ontario;

    • (b) the regional office of the Attorney General of Canada at Toronto or the office of the Attorney General of Canada at Ottawa;

    • (c) all other parties to the proceedings; and,

    • (d) the office of the prosecutor having carriage of the proceedings.

  • (3) Where applications under rule 27.01 for a declaration or other remedy are to be made at trial before the trial judge, service of the notice of application and constitutional issue in Form 5 and other materials required by these rules, the Criminal Code or other federal statute shall be made upon:

    • (a) the Constitutional Law Division of the Ministry of the Attorney General of Ontario;

    • (b) the regional office of the Attorney General of Canada at Toronto or the office of the Attorney General of Canada at Ottawa;

    • (c) all other parties to the proceedings;

    • (d) the office of the prosecutor having carriage of the proceedings; and,

    • (e) upon such other persons and upon such terms as the trial judge may direct.

Filing with Proof of Service
  • (4) Notice of application and constitutional issue in Form 5 and supporting material, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least thirty (30) days before the date fixed for the hearing of the application.

Materials for Use on Application

Application Record

  •  (1) Unless otherwise ordered by a judge of the court, an applicant shall serve on every other party and file an application record in accordance with subrule 6.05(2) in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the date on which the application is scheduled to be heard.

Respondent’s Application Record
  • (2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall serve on every other party and file a respondent’s application record in accordance with subrule 6.05(4), not later than ten (10) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court.

Intervenor’s Application Record
  • (3) Where an intervenor seeks to rely on material other than that filed by the applicant, respondent or any other person granted leave to intervene, the intervenor shall serve on every party and other intervenor and file an intervenor’s application record in accordance with subrule 27.05(4), not later than five (5) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court.

  • (4) An intervenor’s application record shall contain in consecutively numbered pages arranged in the following order:

    • (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and

    • (b) a copy of any material to be used by the intervenor on the application and not included in any other application record filed on the application.

Documents May be Filed as Part of Record
  • (5) Any documents served by a party for use on an application may be filed, together with proof of service, as part of the party’s application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material.

Transcript of Evidence
  • (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 4.08.

Books of Authorities
  • (7) Unless otherwise ordered by a judge of the court, books of authorities in accordance with rule 32 are required and shall be served and filed within the time limits described in subrules 6.05(1) and (3).

Factums
  • (8) Unless otherwise ordered by a judge of the court, factums are required for applications made under this rule.

  • (9) Factums shall comply with rule 33 and be served and filed within the time limits described in subrules 6.05(1) and (3), unless otherwise ordered by a judge of the court.

  • SI/2014-5, ss. 12(E), 32(E).
 
Date modified: