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

Regulations are current to 2014-09-29 and last amended on 2014-01-01. Previous Versions

Interpretation

General Principle

  •  (1) These rules are intended to provide for the just determination of every criminal proceeding, and shall be liberally construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

Matters Not Provided For
  • (2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them.

Party Acting in Person
  • (3) Where an accused is not represented by a solicitor but acts in person, anything that these rules require or permit a solicitor to do shall be done by the accused.

Application of Code Provisions

 The interpretation sections of the Code apply to these rules.

Forms

 The forms prescribed in the Appendix of Forms shall be used where applicable and with such variations as the circumstances require.

Rule 2 Non-Compliance with the Rules

Court May Dispense with Compliance

 A judge of the court may only dispense with compliance with any rule where and to the extent it is necessary in the interests of justice to do so.

Rule 3 Time

Computation

  •  (1) In the computation of time under these rules or an order, except where a contrary intention appears,

    • (a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;

    • (b) where a period of less than 7 days is prescribed, holidays shall not be counted;

    • (c) where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and

    • (d) service of a document, other than an originating process, made after 4 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday.

  • (2) Where a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.

Extension or Abridgment

General Powers of Court

  •  (1) Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order in accordance with rule 2.01, on such terms as are just.

  • (2) An application for an order extending time may be made before or after the expiration of the time prescribed.

Consent in Writing
  • (3) Any time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent in writing endorsed on the relevant document by the party to whom the document is intended, or in such other form as a judge of the court may direct.

Rule 4 Court Documents

Format

 Every document in a proceeding shall be of good quality paper 216 millimetres by 279 millimetres in size and the text shall be printed, typewritten, written or reproduced legibly on one side only with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side.