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

Regulations are current to 2016-06-21 and last amended on 2014-01-01. Previous Versions

Binding of Records, Appeal Books and Transcripts

  •  (1) Application records shall have a light blue backsheet of 176g/m2 weight cover stock.

  • (2) Transcripts of evidence for use on an application, at trial or on appeal shall have a red backsheet of 176g/m2 weight cover stock.

  • (3) Appeal books shall be bound front and back in buff 176g/m2 weight cover stock.

  • (4) Transcripts of evidence for use in an appeal shall be bound front and back in red 176g/m2 weight cover stock, except where the transcript forms part of the appeal book or record, and where there is more than one volume of transcripts, the volumes shall be clearly numbered.

Transcripts

Paper Size

  •  (1) Evidence shall be transcribed on paper 216 millimetres by 279 millimetres in size with a margin 25 millimetres wide on the left side delimited by a vertical line.

Heading
  • (2) The name of the court or, in the case of an examiner, the examiner’s name, title and location shall be stated on a single line no more than 15 millimetres from the top of the first page.

Standards
  • (3) The text shall be typewritten on thirty-two lines numbered in the margin at every fifth line.

  • (4) Headings, such as swearing of a witness, direct examination and cross-examination, shall be capitalized and separated from the preceding text by the space of a numbered line, and the number of lines of text on the page may be reduced by one for each heading that appears on the page.

  • (5) Every question shall commence on a new line and shall begin with the designation Q., followed, within 10 millimetres, by the question.

  • (6) Every answer shall commence on a new line and shall begin with the designation A., followed, within 10 millimetres, by the answer.

  • (7) The first line of a question or answer shall be indented 35 millimetres from the margin and shall be 130 millimetres in length.

  • (8) In a transcript of evidence taken in court, every line of a question or answer, other than the first line, shall begin at the margin and shall be 165 millimetres in length.

  • (9) In a transcript of evidence taken out of court, every line of a question or answer, other than the first line, shall begin 15 millimetres from the margin and shall be 150 millimetres in length, and questions shall be numbered consecutively by means of a number placed in the 15 millimetres to the right of the margin.

  • (10) Lines of text other than questions and answers shall be indented 35 millimetres from the margin and shall be 130 millimetres in length.

  • (11) Every transcript of evidence taken in or out of court shall have,

    • (a) a cover page setting out,

      • (i) the court,

      • (ii) the title of the proceeding,

      • (iii) the nature of the hearing or examination,

      • (iv) the place and date of the hearing or examination,

      • (v) the name of the presiding judge or officer, and

      • (vi) the names of the solicitors; and,

    • (b) a table of contents setting out,

      • (i) the name of each witness with the page number at which the examination, cross-examination and re-examination of the witness commence,

      • (ii) the page number at which the charge to the jury, the objections to the charge and the re-charge commence,

      • (iii) the page number at which the reasons for judgment commence,

      • (iv) a list of the exhibits with the page number at which they were made exhibits, and,

      • (v) at the foot of the page, the date the transcript was ordered, the date it was completed and the date the parties were notified of its completion.

Transmission of Documents

  •  (1) Where documents filed with the court or exhibits in the custody of an officer are required for use at another location, the registrar shall send them to the registrar at the other location on a party’s requisition in Form 22, on payment of the prescribed fee.

  • (2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the registrar, after the completion of the hearing, to the registrar at the court office where the proceeding was commenced.

Notice of Constitutional Issue

 Where an issue is raised as to the constitutionality of a statutory provision or rule of law, the party raising the issue shall serve a notice of constitutional issue in Form 5.

Rule 5 Service of Documents

General Rules for Manner of Service

Notices of Application

  •  (1) A notice of application that includes an application for prohibition shall be served personally on the court, judge, justice, coroner or other person who issued the subpoena or warrant, conducted the inquisition or made the other order or determination or the person in charge of the place where the applicant or respondent is in custody.

  • (2) A notice of application that includes an application to quash a warrant, conviction, order or determination, other than a subpoena or warrant to compel the attendance of a witness, and that bears the endorsement set out in rule 43.03 shall be served upon the Court Services Manager:

    • (a) by mailing a copy to the Court Services Manager’s office;

    • (b) by leaving a copy of such notice of application at the office of the Court Services Manager; or

    • (c) by telephone transmission of a facsimile of the document, in which case the provisions of subrule 5.05(3) apply, mutatis mutandis.

Notices of Appeal
  • (3) Where the appellant is the Attorney General, his or her agent, or was the informant or any party other than the defendant (accused) in proceedings before the trial court, the notice of appeal shall be served personally on each person in respect of whom an appeal is brought against an acquittal, order of dismissal of or staying proceedings on an information, sentence or other final order or other determination, as the case may be.

All Other Documents
  • (4) No other notice of application, notice of appeal or other document need be served personally, or by an alternative to personal service, unless these Rules or an order of the court requires personal service or an alternative to personal service.

  • (5) Any document that is not required to be served personally or by an alternative to personal service:

    • (a) shall be served on a party who has a solicitor of record by serving the solicitor in a manner provided in rule 5.05;

    • (b) may be served on a party acting in person or on a person who is not a party,

      • (i) by mailing a copy of the document to the last address for service provided by the party or person or, if no such address has been provided, to the party’s or person’s last known address,

      • (ii) by personal service or by an alternative to personal service, or

      • (iii) by emailing a copy of the document in accordance with subrule (6), unless otherwise ordered by a judge.

  • (6) Service of a document in accordance with subparagraph (5)(b)(iii) is effective only if

    • (a) the email message includes:

      • (i) the sender’s name, address, telephone number, fax number and email address,

      • (ii) the date and time of transmission, and

      • (iii) the name and telephone number of a person to contact in the event of transmission problems; and

    • (b) the party acting in person or the person who is not a party provides by email an acceptance of service and confirms the date of the acceptance. If the email acceptance is received between 4 p.m. and midnight, service is deemed to have been made on the following day.

  • SI/2014-5, s. 3.

Personal Service

  •  (1) Where a document is to be served personally, the service shall be made

    Individual
    • (a) on an individual, other than a person under disability, by leaving a copy of the document with the individual;

    Corporation
    • (b) on any corporation, by leaving a copy of the document with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to be in control or management of the place of business;

    Judge or Justice
    • (c) on any judge or justice, by leaving a copy of the document with the judge or justice, or with a person in charge of the court office in the region, district, county or group of counties where the adjudication was made;

    Attorney General of Canada
    • (d) on the Attorney General of Canada, by leaving a copy of the document with the regional office of the Attorney General of Canada at Toronto, the office of the Attorney General of Canada at Ottawa or the office of the prosecutor retained by the Attorney General of Canada having carriage of the proceedings; and,

    Attorney General of Ontario
    • (e) on the Attorney General of Ontario, by leaving a copy of the document at the office of the Crown Attorney in the region, district, county or group of counties where the adjudication was made, or at the Crown Law Office (Criminal Law) of the Ministry of the Attorney General.

  • (2) A person effecting personal service of a document need not produce the original document or have it in his or her possession.

 
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