PART 15CHALLENGES FOR CAUSE

Marginal note:Challenge for general lack of indifference

 Where the accused or the prosecutor seeks, pursuant to paragraph 638(1)(b) of the Code, to challenge for cause every member of a jury panel on the basis of a general lack of indifference, the applicant shall file and serve a notice of motion in Form 1 of the schedule not less than seven days before the date fixed for selection of a jury for the trial.

Marginal note:Application
  •  (1) The application must be supported by an affidavit of or on behalf of the applicant setting out with particularity the grounds for the challenge and the proposed questions to be put to each prospective juror.

  • (2) The application shall be heard by the trial judge in the absence of the jury panel.

Marginal note:Questions to members of jury panel
  •  (1) If the application is granted, the judge shall specify the form of each question to be put to each prospective juror and who shall ask the questions.

  • (2) Each member of the jury panel shall be questioned in the presence of the accused and the triers but in the absence of the remainder of the members of the jury panel, who shall be kept in a separate room.

  • (3) The trial judge may, in his or her discretion, permit counsel to make submissions to the triers.

PART 16EXTRAORDINARY REMEDIES

Marginal note:Orders available
  •  (1) The Court may make an order in the nature of mandamus, prohibition, certiorari, habeas corpus or quo warranto on application by notice of motion in Form 1 of the schedule.

  • (2) Where an order referred to in subrule (1) is made, a writ of mandamus, prohibition, certiorari, habeas corpus or quo warranto need not be issued, but all necessary provisions must be included in the judgment or order.

Marginal note:Service
  •  (1) The notice of motion referred to in rule 94 shall be served on every person who appears to be interested or likely to be affected by the proceeding.

  • (2) The Court may require that the notice of motion be served on any person not previously served.

  • (3) Where an order is sought to quash a conviction, order, warrant or inquisition, the notice of motion shall be served not less than seven days before the return date of the motion on

    • (a) the office of the prosecutor having carriage of the proceeding; and

    • (b) the justice or justices who made the conviction or order or issued the warrant or the coroner who made the inquisition.

  • (4) Where a judge of the Territorial Court must be served, it is sufficient to serve the Clerk or a deputy clerk of the Territorial Court.

  • (5) Where a justice or a coroner must be served, it is sufficient to serve the administrative officer of the office to which the justice or coroner belongs.

  • (6) Any person not served with the notice of motion may show that he or she is affected by the proceeding and, where the Court is satisfied he or she is so affected, the person may be permitted to take part in the proceeding as though served.