Materials for Use on Application
Materials to be Filed
26.04 (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 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.
Consent in Writing
26.05 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
27.01 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
27.02 (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) Where an application made under rule 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.
Contents of Notice
27.03 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.
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