Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench (SI/2016-34)

Regulations are current to 2017-10-13 and last amended on 2016-10-01. Previous Versions

Marginal note:Other than personal service

 Any document that is not required to be served personally may be served

  • (a) on a party who has counsel of record, by serving that counsel in the manner set out in rule 7.04; or

  • (b) on a party who is self-represented,

    • (i) by mailing a copy of the document in the manner set out in rule 7.05,

    • (ii) by faxing a copy of the document in the manner set out in subrule 7.04(2), or

    • (iii) by personal service.

Marginal note:Service on counsel
  •  (1) Service of a document on the counsel of a party may be made

    • (a) by giving a copy of the document to the counsel, or to another counsel or employee in the counsel’s office;

    • (b) by mailing a copy of the document to the counsel’s office, in the manner set out in rule 7.05;

    • (c) by faxing a copy of the document to the counsel’s office, in the manner set out in subrule (2); or

    • (d) if the counsel of a party agrees, by attaching a copy of the document to an email message sent to the email address provided by the counsel.

  • Marginal note:Service by fax

    (2) A document that is served by fax must include a cover page that indicates

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

    • (b) the name of the person to be served;

    • (c) the date of the transmission;

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

    • (e) the fax number from which the document is transmitted; and

    • (f) the name and telephone number of a person to contact in the event of transmission problems.

Marginal note:Service by mail
  •  (1) If a document is to be served by mail under these rules, a copy of the document may be sent by regular mail or by registered mail.

  • Marginal note:Effective date — regular mail

    (2) Service of a document by regular mail is effective on the fifth day after the day on which the document is mailed.

Substituted Service or Dispensing with Service

Marginal note:Court order
  •  (1) If it appears to the Court that it is impractical for any reason to effect prompt personal service of a document that is required to be served personally under these rules, the Court may make an order for substituted service or, if it is necessary in the interests of justice, may dispense with service.

  • Marginal note:Effective date of service

    (2) In an order for substituted service, the Court must specify when service in accordance with the order is effective.

If Document Does Not Reach Person Served

Marginal note:Motion

 If a document was served in compliance with the Code, these rules or an order about service, but a person to whom it was to be served can show that the document did not come to their notice, or only came to their notice at some time later than when it was served or is deemed to have been served, the person may bring a motion

  • (a) for the setting aside of an order that was made in their absence;

  • (b) for an extension of time; or

  • (c) for an adjournment.

Validating Service

Marginal note:Order for validating service

 If a document has been served in a manner other than one authorized by these rules or an order, the Court may make an order validating the service if the Court is satisfied that

  • (a) the document came to the notice of the person to be served; or

  • (b) the document was served in such a manner that it would have come to the notice of the person to be served, if it had not been for the person’s own attempts to evade service.

Proving Service

Marginal note:Evidence for proof of service
  •  (1) Service of a document may be proved

    • (a) by an affidavit of the person who served or sent the document; or

    • (b) by the confirmation of delivery receipt provided to the sender, if the document was served by registered mail.

  • Marginal note:Counsel’s admission or acceptance

    (2) A counsel’s written admission or acceptance of service is sufficient proof of service and is not required to be verified by affidavit.

Rule 8 — Transcripts

Marginal note:Transcript of evidence

 A party who intends to refer to a transcript of evidence at the hearing of a motion or an application must file a copy of the transcript and serve it on the opposing party, unless a judge directs otherwise.

PART 2Judicial Interim Release

Rule 9 — Applications for Judicial Interim Release

Marginal note:Application of Part

 This Part applies to an application

  • (a) by an accused under subsection 520(1) or (8) or 522(1) of the Code;

  • (b) by the prosecutor under subsection 521(1) or (9) of the Code;

  • (c) by an accused or the prosecutor, at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code; and

  • (d) by an accused, if proceedings have been commenced under section 577 of the Code.

Marginal note:Notice of application and supporting materials
  •  (1) An application must be commenced by filing a notice of application in Form 3 of the schedule and the supporting materials required under rule 9.03 and by serving those documents personally on the accused or the prosecutor, as the case may be, at least two clear days before the date of the hearing of the application unless a judge allows a shorter period of notice.

  • Marginal note:Oral evidence at hearing

    (2) The notice of application must indicate whether the applicant intends to call oral evidence at the hearing or rely only on affidavit evidence.

Marginal note:Materials for use on application
  •  (1) If the applicant is the accused, the notice of application must be accompanied by

    • (a) the affidavit of the applicant containing the matters required under paragraphs (3)(a) to (e);

    • (b) if it is practicable to do so, the affidavit of the current or prospective employer by whom it is proposed that the accused be employed if released; and

    • (c) if it is practicable to do so, the affidavit of any person who is proposed to serve as a surety for the accused if released, indicating his or her willingness to serve as a surety and the amount for which he or she is to be liable.

  • Marginal note:Materials for use on application — previous order

    (2) If the applicant seeks to review an order made previously, the notice of application must be accompanied by

    • (a) a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings under review and any previous review proceedings have been ordered, and that the order for the copies has been accepted; and

    • (b) a legible copy of any exhibits capable of reproduction that were filed in the judicial interim release hearing or in any previous review proceeding.

  • Marginal note:Affidavit of applicant who is accused

    (3) The affidavit of the applicant required by paragraph (1)(a) must indicate

    • (a) the particulars of the charge in respect of which release is sought and any other charge outstanding against the applicant, together with the date or dates scheduled for the trial or preliminary inquiry in respect of the charges;

    • (b) the applicant’s place of residence in the three years before the date of the offence charged in respect of which release is sought, as well as the place where the applicant proposes to reside if released;

    • (c) the applicant’s employment in the three years before the date of the offence charged in respect of which release is sought, and whether the applicant expects to be employed if released and, if so, where the applicant expects to be employed;

    • (d) where the applicant proposes that he or she be released by the giving of an undertaking with conditions or by entering into a recognizance with sureties, deposit or conditions, if it is practicable, the terms and conditions of the order sought, including the amount of any recognizance or deposit, as well as the names of any proposed sureties and the amount for which each proposed surety is to be liable; and

    • (e) the particulars of the applicant’s prior record, if any.

  • Marginal note:Affidavit of applicant in custody

    (4) When the applicant is in custody, the registrar may accept the applicant’s unsworn affidavit for filing if

    • (a) counsel for the applicant files a written undertaking to file a sworn affidavit at, or before, the judicial interim release hearing; or

    • (b) the applicant is to appear at the judicial interim release hearing by video link and the truth of the contents of the unsworn affidavit is to be confirmed by the accused to be true at the hearing.

  • Marginal note:Affidavit of prosecutor

    (5) If the applicant is the prosecutor or if, as respondent, the prosecutor intends to rely on material other than material that is required to be filed under subrule (1) or (2), the prosecutor must file an affidavit that sets out the facts on which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code.

 
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