Rule 9 - Applications for Declarations of Unconstitutionality

 This Rule applies to Applications in criminal proceedings:

  • (a) to declare unconstitutional and of no force and effect, in whole or in part, any enactment of the Parliament of Canada, or

  • (b) to declare unconstitutional and of no force and effect, in whole or in part, any rule or principle of law applicable to criminal proceedings, whether on account of subsection 8(2) or (3) of the Criminal Code or otherwise.

 Service of the Notice of Application and all supporting documentary, affidavit and other material intended to be used at the hearing of the Application shall be made on:

  • (a) the regional office of the Attorney General of Canada;

  • (b) the prosecutor having carriage of the proceeding; and

  • (c) such other person and on such terms as a judge may order.

 Where applicable, the applicant shall comply with the notice requirements of the Judicature Act.

 In all other aspects these Criminal Procedure Rules of the Court of Queen’s Bench apply to Applications seeking declarations of unconstitutionality.

Rule 10 – Summary Conviction Appeals

 Summary Conviction Appeals shall be governed by Rule 64 of the Rules of Court of New Brunswick.

Rule 11 – Applications for Mandamus, Certiorari and Prohibition

 Applications for mandamus, certiorari and prohibition shall be governed by Rule 65 of the Rules of Court of New Brunswick.

Rule 12 – Transitional

 These Rules apply to criminal proceedings whenever commenced.

 
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