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

Regulations are current to 2016-02-03 and last amended on 2014-01-01. Previous Versions

Consent in Writing

 The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 11, and a judge may grant such order without the attendance of solicitors.

Order Directing Release of Exhibits

Form of Order

  •  (1) An order directing the release of exhibits for the purpose of a scientific test or other examination under s. 605(1) of the Code and this rule shall be in Form 11.

Sufficiency of Order
  • (2) An order in Form 11 shall be sufficient authority for the person with custody of the exhibit to be tested or examined to release the exhibit for such purpose and thereafter to regain custody thereof in accordance with its terms.

Rule 22 Applications to Change the Venue of Trial[Code s. 599(1)]

Application of the Rule

 This rule applies to applications on behalf of an accused or the prosecutor to change the venue of trial under subsection 599(1) of the Code.

To Whom Application Made

 Applications under rule 22.01 shall be made to a judge of the court in the county, district or region in which the trial is scheduled to be held upon the indictment, either before or as soon as is reasonably practicable after the accused has been ordered to stand trial.

Contents of Notice

 The notice of application in Form 1 shall include a statement of the territorial division in which it is proposes that the trial proceedings be held.

Service of Notice

General Rule

  •  (1) Service of the notice of application under rule 22.03 and the supporting materials required by rule 22.05 shall be made upon the prosecutor or accused, as the case may be, in accordance with rule 5, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial in the territorial division where the trial is scheduled to be held.

Filing with Proof of Service
  • (2) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.

Materials for Use on Application

Materials to be Filed

  •  (1) The notice of application in Form 1 under rule 22.03 shall be accompanied by:

    • (a) an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2);

    • (b) where the application is made under paragraph 599(1)(b) of the Code, an affidavit by or on behalf of the competent authority who has directed that no jury be summoned at the time and place appointed for trial, deposing to the matters described in subrule (3); and

    • (c) a draft order in which is proposed an alternative place and, where applicable, time of trial.

Affidavit of or on Behalf of the Applicant
  • (2) The affidavit of or on behalf of the applicant required by paragraph (1)(a) shall contain:

    • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence;

    • (b) where the basis of the application under paragraph 599(1)(a) of the Code is prejudicial news media reporting of the matter to be tried, a full statement respecting the time, place, date and name of the relevant account or report, together with a description of the extent of its circulation or coverage in the county or district from which prospective jurors would ordinarily be drawn;

    • (c) as exhibits, legible copies or transcripts of the media accounts which constitute the basis of the application; and,

    • (d) a statement of the reasons why the trial should be held in the territorial division proposed, rather than in some other territorial division different than that in which the offence would otherwise be tried.

Affidavit of Competent Authority
  • (3) The affidavit by or on behalf of the competent authority described in paragraph (1)(b) shall contain:

    • (a) a statement of the reasons why no jury is to be summoned at the time appointed for the accused’s trial in the territorial division where the trial is scheduled to be held;

    • (b) a statement of the date upon which the next jury is to be summoned in the territorial division where the trial is scheduled to be held; and

    • (c) a statement of the dates upon which jurors are to be summoned at the time appointed for trial and prior to the date described in paragraph (b) in other territorial divisions within the same region as described in O. Reg. 705/89.

Factums Required
  • (4) Factums complying with rule 33 are required in applications under this rule.

  • SI/2014-5, ss. 9(E), 33(E).

Consent in Writing

 The respondent may consent in writing to the order sought upon terms included in the draft order filed under paragraph 22.05(1)(c) and a judge, where satisfied that the requirements of subsection 599(1) of the Code have been met, may grant the order on such terms without the attendance of solicitors.

  • SI/2014-5, s. 33(E).

Rule 23 Applications to Procure Attendance of Prisoners[Code, ss. 527(2), (7)]

Application of the Rule

 This rule applies to applications under subsection 527(1) of the Code to procure the attendance of a person who is confined in a prison and under subsection 527(7) of the Code to transfer a prisoner to the custody of a peace officer to assist a peace officer acting in the execution of his duties.

To Whom Application Made

Applications for Attendance at Court Proceedings

  •  (1) Applications under subsection 527(1) of the Code and rule 23.01 shall be made to a judge of the court in the county, district or region in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the required attendance to ensure that no adjournment of the proceedings will be required for such purpose.

Applications for Transfer from Custody
  • (2) Applications under subsection 527(7) of the Code and rule 23.01 shall be made to a judge of the court in the county, district or region to which the prisoner is to be transferred or in which the prisoner is incarcerated.

Filing of Notice

 The notice of application and supporting materials shall be filed in the office of the clerk of the court in the place where the application is to be determined, as soon as is reasonably practicable, before the date on which the application is to be determined.

Materials for Use on Application

Materials to be Filed

  •  (1) The notice of application in Form 1 under this rule shall also be accompanied by:

    • (a) a copy of the warrant under which the prisoner is held, where it is reasonably practicable to do so;

    • (b) where the application is made under s. 527(1) of the Code, a copy of the indictment to which the application relates;

    • (c) where the application is made under s. 527(1) of the Code, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2);

    • (d) where the application is made under s. 527(7) of the Code, an affidavit by or on behalf of the prosecutor setting out the matters described in subrule (3);

    • (e) where the application is made under s. 527(7) of the Code, the written consent of the prisoner to the order proposed;

    • (f) a draft order in Form 12 or 13, as the case may be; and,

    • (g) a copy of any other material in the court file that is necessary for the determination of the application.

Affidavit of or on Behalf of the Applicant
  • (2) The affidavit of or on behalf of the applicant required by paragraph (1)(c) for applications under subsection 527(1) of the Code shall contain:

    • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which the proceedings in which the prisoner’s attendance is required are scheduled to commence or resume, as the case may be;

    • (b) particulars of the date upon or period within which, as well as the locations at which, the attendance of the prisoner will or may be required; and,

    • (c) a statement of the reasons why the prisoner’s attendance is required.

  • (3) The affidavit of or on behalf of the applicant required by paragraph (1)(d) for applications under subsection 527(7) of the Code shall contain:

    • (a) a description of the status of the peace officer to whose custody it is sought to transfer the prisoner;

    • (b) a statement or description of the purpose for which the transfer of the prisoner is sought;

    • (c) a statement or description of the nature of the assistance which it is reasonably anticipated the prisoner will provide, if transferred;

    • (d) a statement whether the assistance reasonably anticipated from the prisoner is available from other sources;

    • (e) a statement whether notice of the application has been given to the solicitor of record of the prisoner;

    • (f) as an exhibit, the written consent of the prisoner to the proposed transfer;

    • (g) a description of the procedures to be followed to ensure the custody and security of the prisoner;

    • (h) a statement of particulars of the period for which the transfer is required; and,

    • (i) a general description of the locations at which the attendance of the prisoner will be required.

Application Record and Factum
  • (4) Unless otherwise ordered, in accordance with rule 2.01, by the judge before whom an application under this rule and s. 527(1) or (7) of the Code is returnable, no application record or factum shall be required.

Attendance Not Required
  • (5) Unless otherwise ordered, in accordance with rule 2.01, by the judge before whom an application under this rule and s. 527(1) or (7) of the Code is returnable, the order sought may be given ex parte and without the attendance of the solicitor of record for the applicant.

  • SI/2014-5, s. 33(E).
 
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