Consent in Writing
21.05 The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 11, and a judge may grant such order without the attendance of solicitors.
Order Directing Release of Exhibits
Form of Order
21.06 (1) An order directing the release of exhibits for the purpose of a scientific test or other examination under s. 605(1) of the Code and this rule shall be in Form 11.
Sufficiency of Order
(2) An order in Form 11 shall be sufficient authority for the person with custody of the exhibit to be tested or examined to release the exhibit for such purpose and thereafter to regain custody thereof in accordance with its terms.
Rule 22 Applications to Change the Venue of Trial
[Code s. 599(1)]
Application of the Rule
22.01 This rule applies to applications on behalf of an accused or the prosecutor to change the venue of trial under subsection 599(1) of the Code.
To Whom Application Made
22.02 Applications under rule 22.01 shall be made to a judge of the court in the county, district or region in which the trial is scheduled to be held upon the indictment, either before or as soon as is reasonably practicable after the accused has been ordered to stand trial.
Contents of Notice
22.03 The notice of application in Form 1 shall include a statement of the territorial division in which it is proposes that the trial proceedings be held.
Service of Notice
22.04 (1) Service of the notice of application under rule 22.03 and the supporting materials required by rule 22.05 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 in the territorial division where the trial is scheduled to be held.
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
22.05 (1) The notice of application in Form 1 under rule 22.03 shall be accompanied by:
(a) an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2);
(b) where the application is made under s. 599(1)(b) of the Code, an affidavit by or on behalf of the competent authority who has directed that no jury be summoned at the time and place appointed for trial, deposing to the matters described in subrule (3); and,
(c) a draft order in which is proposed an alternative place and, where applicable, time of trial.
Affidavit of or on Behalf of the Applicant
(2) The affidavit of or on behalf of the applicant required by subrule (1)(a) shall contain:
(a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence;
(b) where the basis of the application under s. 599(1)(a) of the Code is prejudicial news media reporting of the matter to be tried, a full statement respecting the time, place, date and name of the relevant account or report, together with a description of the extent of its circulation or coverage in the county or district from which prospective jurors would ordinarily be drawn;
(c) as exhibits, legible copies or transcripts of the media accounts which constitute the basis of the application; and,
(d) a statement of the reasons why the trial should be held in the territorial division proposed, rather than in some other territorial division different than that in which the offence would otherwise be tried.
Affidavit of Competent Authority
(3) The affidavit by or on behalf of the competent authority described in rule (1)(b) shall contain:
(a) a statement of the reasons why no jury is to be summoned at the time appointed for the accused’s trial in the territorial division where the trial is scheduled to be held;
(b) a statement of the date upon which the next jury is to be summoned in the territorial division where the trial is scheduled to be held; and
(c) a statement of the dates upon which jurors are to be summoned at the time appointed for trial and prior to the date described in clause (b) in other territorial divisions within the same region as described in O. Reg. 705/89.
(4) Factums complying with rule 33 are required in applications under this rule.
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