Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick

SI/2015-81

CRIMINAL CODE

Registration 2015-08-26

Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick

Authority

The Court of Queen’s Bench of New Brunswick, under subsections 482(1) and (3) of the Criminal Code, with the concurrence of a majority of the judges thereof present at a meeting held on September 5, 2014, makes the following Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick numbered 1 to 12, that are to come into effect upon publication in the Canada Gazette as required by subsection 482(4) of the Criminal Code.

DAVID D. SMITH
Chief Justice of the Court of Queen’s Bench of New Brunswick

Rule 1 - Definitions, Application, Interpretation, and Forms

Definitions

 The following definitions apply in these Rules.

Application

Application means a proceeding commenced by Notice of Application whether described in the enabling legislation or another authority as an application or a motion. (requête)

Clerk’s office

Clerk’s office means the office of the Clerk of the Court in the judicial district where the proceeding is to be commenced or is pending or is being heard, as the case may be. (greffe)

Court

Court means the Court of Queen’s Bench of New Brunswick and includes a judge. (Cour)

judge

judge means a Justice of the Court. (juge)

Application of these Rules

 These Rules apply to all criminal proceedings within the jurisdiction of the Court.

Interpretation

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

  • 1.03(2) Where a matter is not provided for in the Criminal Code or these Rules, the procedure shall be as specified by the Court or determined by reference to the Rules of Court of New Brunswick.

Party Not Represented by Counsel

 Unless otherwise indicated, where an accused is not represented by counsel but acts in person, anything that these Rules require counsel to do shall be done by the accused and anything that these Rules permit counsel to do may be done by the accused.

Application of the Criminal Code Provisions

 The interpretation sections of the Criminal Code apply to these Rules.

Practice Notes

 The Chief Justice of the Court of Queen’s Bench of New Brunswick may from time to time issue practice notes not inconsistent with these Rules and such practice notes shall apply to the same extent as these Rules.

Forms

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

Rule 2 – Non-Compliance with the Rules

Effect of Non-compliance with the Rules

 A failure to comply with these Rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the Court:

  • (a) may grant all necessary amendments or other relief in accordance with Rule 2.02, on such terms as are just, to secure the just determination of the real matters in dispute or,

  • (b) only where and as necessary in the interests of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part.

Court May Dispense With Compliance

  •  (1) The Court may, only where and as necessary in the interests of justice:

    • (a) dispense with compliance with any rule at any time or substitute a process that would produce an equally just result,

    • (b) extend or abridge any time requirements prescribed by these Rules on such terms as are just.

  • 2.02(2) An order extending time may be made before or after the expiration of the time prescribed.

Rule 3 - Court Documents

Format

 Every document in a proceeding shall be printed, typewritten, or reproduced legibly on good quality paper.

Contents

 Every document in a proceeding shall contain:

  • (a) the name of the Court, judicial district and the court file number;

  • (b) the style of the proceeding in accordance with Form 1 (Notice of Application), but in a document other than a record, order or report, where there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used;

  • (c) its date;

  • (d) the name, address and telephone number of counsel filing the document or, where a party is not represented by counsel, the name of the party, address for service and telephone number and, where available, that party’s e-mail address and facsimile transmission (fax) number.

Certified Copies of Court Documents

 At the request of a person entitled to see and to receive a copy of a document in a court file, a certified copy of the document shall be delivered upon payment of any prescribed fee.

Notice to be in Writing

 Where these Rules require notice to be given, it shall be given in writing.

Filing of Documents

Place of Filing

  •  (1) All documents required to be filed in a proceeding shall be filed in the Clerk’s office, except where they are filed in the course of a hearing or where these Rules provide otherwise.

  • 3.05(2) An affidavit, transcript, record or brief to be used on the hearing of an Application shall be filed in the Clerk’s office.

Filing by Leaving in Clerk’s Office or by Mail

  • 3.05(3) A document may be filed by leaving it at or mailing it to the Clerk’s office.

Date of Filing Where Filed by Mail

  • 3.05(4) Where a document is filed by mail, the date of the filing stamp of the Clerk’s office on the document shall be deemed to be the date of its filing.

Where Document Filed by Mail Not Received

  • 3.05(5) Where a Clerk’s office has no record of the receipt of a document alleged to have been filed by mail, the document shall be deemed not to have been filed.

Affidavits

Contents

  •  (1) An affidavit shall be confined to a statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court; but the affidavit may contain statements as to information and belief of the deponent with respect to facts which are not contentious, if the source of the deponent’s information and belief therein are specified in the affidavit.

For a Corporation

  • 3.06(2) Where these Rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director, or employee of the corporation.

Rule 4 – Service of Documents

General Rules for Manner of Service

Notices of Application and Other Documents

  •  (1) A Notice of Application or other document may be served personally, or by an alternative to personal service set out herein, unless these Rules or an order of the Court otherwise specifies.

  • 4.01(2) 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 counsel of record by serving counsel in a manner provided in Rule 4.03 (2); and

    • (b) may be served on a party not represented by counsel 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 together with an Acknowledgment of Receipt Card set out in Form 3A, or

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

Personal Service

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

    • (a) on an individual, by leaving a copy of the document with the individual;

    • (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;

    • (c) on the Attorney General of Canada, by leaving a copy of the document with an employee at the office of the Crown Prosecutor retained by the Attorney General of Canada having carriage of the proceedings, or by means of telephone transmission of a facsimile of the document in accordance with Rule 4.03 (3); and

    • (d) on the Attorney General of New Brunswick, by leaving a copy of the document with an employee at the office of the Crown Prosecutor having carriage of the proceedings, or by means of telephone transmission of a facsimile of the document in accordance with Rule 4.03 (3).

  • 4.02(2) A person effecting personal service of a document need not produce the original document or have it in his or her possession.

Alternatives to Personal Service

Where Available

  •  (1) Where these Rules or an order of the Court permit service by an alternative to personal service, service shall be made in accordance with this Rule.

  • 4.03(2) Service on a party who has counsel may be made by leaving a copy of the document with counsel, or an employee in counsel’s office, but service under this Rule is effective only if counsel or the said employee endorses on the document or a copy of it an acceptance of service and the date of acceptance.

  • 4.03(3) Service of a document on counsel of a party may be made by telephone transmission of a facsimile of the document in accordance with Rule 4.03 (4).

  • 4.03(4) A document that is served by telephone transmission shall include a cover page indicating the

    • (a) sender’s name, address and telephone number;

    • (b) name of counsel to be served;

    • (c) date and time of transmission;

    • (d) total number of pages transmitted, including the cover page;

    • (e) telephone number from which the document is transmitted; and name and telephone number of a person to contact in the event of transmission problems;

    and shall include an acknowledgement of receipt card in Form 3B; but service under this Rule shall be considered effective only if counsel endorses the acknowledgement of receipt card and returns it to the serving party.

  • 4.03(5) A document may be served electronically on a party who has counsel by transmitting the document by electronic mail, but service under this Rule shall be considered effective only if counsel or a duly authorized employee replies electronically acknowledging receipt of the transmission and of the document.

  • 4.03(6) By accepting service counsel shall be deemed to represent to the Court that counsel has the authority of his or her client to accept service.

  • 4.03(7) Service on an accused who is not represented by counsel must be made by personal service unless the Court:

    • (a) approves an alternative method of service; or

    • (b) dispenses with service.

 
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