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

24.09 (1) Where the witness does not understand the language or languages in which the examination is to be conducted or is deaf or mute, a competent and independent interpreter shall, before the witness is examined, take an oath or make an affirmation to interpret accurately the administration of the oath or affirmation and the questions to and answers of the witness.

(2) Where an interpreter is required by subrule (1) for the examination of a witness, unless the interpretation is from English to French or from French to English in which case the interpreter shall be provided by the Attorney General, the applicant shall provide an interpreter satisfactory to the parties.

24.10 (1) The witness shall bring to the examination and produce for inspection all documents and things in his or her possession, control or power that are not privileged and that the process compelling attendance requires the person to bring.

(2) The process which compels the attendance of a witness may require the witness to bring to the examination and produce for inspection:

• (a) all documents and things relating to any matter in issue in the proceeding that are in his or her possession, control or power and are not privileged; or,

• (b) such documents or things described in clause (a) as are specified in the process compelling attendance,

unless the commissioner orders otherwise in the interests of justice.

(3) Where a witness, on examination upon a commission, admits that he or she has possession or control of or power over any other document that relates to a matter in issue in the proceeding and is not privileged, the witness shall produce it for inspection by the examining party forthwith, if the person has the document at the examination, and if not, within two days thereafter, unless the commissioner orders otherwise in the interests of justice.

24.11 (1) The solicitor of record for the applicant shall examine the witnesses whose evidence is to be taken upon commission, in-chief, in accordance with the rules of evidence which would apply at trial.

(2) After examination in-chief by the solicitor of record for the applicant has been concluded, the solicitor of record for the respondent may cross-examine the witness in accordance with the rules of evidence which would apply at trial.

(3) After cross-examination has been completed, the solicitor of record of the applicant may re-examine the witness in accordance with the rules of evidence which would apply at trial.

24.12 (1) Where objection is taken to a question, the objector shall state briefly the reason for the objection, and the question and the brief statement concerning the objection shall be recorded.

(2) A question to which objection is taken may be answered with the objector’s consent, and where the question is answered, a ruling shall be obtained from the trial judge before the evidence is used at trial.

(3) A ruling on the propriety of a question to which objection is made and an answer not given may be obtained from the trial judge.