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

31.03 (1) Applications to exclude evidence under this rule shall be commenced by a notice of application in Form 1.

(2) The notice of application in Form 1 shall state:

• (a) the place and date of hearing as determined in accordance with these rules;

• (b) a detailed description of the presumptively admissible evidence the applicant seeks to exclude in the proceedings;

• (c) a precise, case-specific statement of the basis and grounds upon which the evidence is said to be inadmissible;

• (d) a detailed summary of the evidence or other material upon which the party seeking exclusion relies and a statement of the manner in which the applicant proposes to introduce the evidence;

• (e) an estimate of the time required to introduce the evidence and other material to be relied upon in support of the application; and,

• (f) whether any order is required abridging or extending any times established by the pre-trial conference or case management judge or required for service and filing by this rule.

31.04 (1) Any party who seeks to have evidence excluded under this rule shall give the notice required by rule 31.03 not less than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be, unless otherwise ordered by a judge under these rules.

(2) Service of the notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge shall be made in accordance with rule 5.

(3) The notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge, together with proof of service, shall be filed in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be unless otherwise ordered by a judge of the court.

31.05 (1) In addition to any other materials that may be required by these rules or by order of a judge of the court, an applicant under this rule shall include in an application record:

• (a) the notice of application in Form 1;

• (b) a copy of the indictment to which the application relates;

• (c) legible copies of any reproducible materials relied upon in support of the application where it is proposed to argue the case for exclusion in whole or in part on a basis other than the testimony of witnesses;

• (d) where it is proposed to argue the case for exclusion in whole or in part on the basis of testimony of witnesses, legible copies of prior statements or statements of anticipated evidence in sufficient detail to show the essential features of the evidence proposed for admission; and,

• (e) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues raised.

(2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall file a respondent’s application record and any other materials on which the respondent proposes to rely.

(3) Books of authorities shall be served and filed in accordance with rule 32, unless otherwise ordered by a judge of the court.

(4) Factums are not required for applications made under this rule, unless otherwise ordered by a judge of the court.

(5) Where a judge orders that factums be served and filed on an application under this rule, the factums shall comply with rule 33, unless otherwise ordered by a judge of the court.