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Criminal Procedure Rules of the Supreme Court of the Northwest Territories (SI/98-78)

Regulations are current to 2024-03-06

PART 14Pre-trial Conferences (continued)

Marginal note:Purpose of pre-trial conference

 The purpose of a pre-trial conference is to consider such matters as will promote a fair and expeditious trial or other resolution of the case.

Marginal note:Appearance at pre-trial conference

 The following shall be present at a pre-trial conference:

  • (a) the prosecutor, fully briefed in respect of the issues to be discussed at the pre-trial conference; and

  • (b) counsel for the accused, fully briefed in respect of the issues to be discussed at the pre-trial conference or, where the accused is not represented by a solicitor, the accused.

Marginal note:Pre-trial conference report

  •  (1) Before the pre-trial conference, the prosecutor and counsel for the accused shall jointly prepare a pre-trial conference report in Form 6 of the schedule to be presented to the pre-trial conference judge.

  • (2) Where the accused is unrepresented, the prosecutor shall complete the pre-trial conference report in Form 6 of the schedule indicating in it what he or she anticipates the issues will be at trial.

Marginal note:Informal meeting

 Unless otherwise ordered by the pre-trial conference judge, a pre-trial conference shall be an informal meeting conducted in private chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings taking place after the conference.

Marginal note:Where accused appears in person

 Where the accused is unrepresented or appears in person at the pre-trial conference, the conference shall be conducted in chambers with the Clerk and court reporter in attendance.

Marginal note:Use of admissions at trial

 No admissions made by an accused or counsel for an accused at the pre-trial conference may be used against the accused at the trial unless the admissions are reduced to writing and signed by the accused or his or her counsel.

Marginal note:Anticipated evidence

 At the pre-trial conference, the prosecutor shall give a synopsis of the anticipated evidence at the trial and any legal issues arising from that evidence.

Marginal note:Disclosure by defence

  •  (1) While the accused is not required to make disclosure of its case, in a case where the accused intends to call evidence, it is expected that sufficient information will be disclosed for the prosecutor to understand what the substance of the defence case will be.

  • (2) Without limiting the generality of subrule (1), the accused is expected to disclose particulars respecting the following:

    • (a) an alibi defence, including the names of any witnesses to the alibi, if not previously disclosed;

    • (b) a defence of not criminally responsible on account of mental disorder; and

    • (c) an expert report or anticipated expert evidence relating to an issue in the trial.

Marginal note:Information judge may require

 Without restricting the generality of these Rules, the pre-trial conference judge may inquire as to any of the following:

  • (a) the extent of disclosure made by the prosecutor and any further requests for disclosure by an accused;

  • (b) the nature and particulars of any application to be made either at the outset of the trial before the selection of the jury or, in the absence of the jury, after the jury has been sworn;

  • (c) the possibility of resolution of any or all issues in the proceeding, including the possible disposition of any or all counts contained in the indictment whether by plea of guilty or otherwise;

  • (d) the simplification of those issues that remain to be contested at trial;

  • (e) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceeding;

  • (f) the estimated duration of the trial;

  • (g) the necessity for interpretation services for the trial; and

  • (h) any other matter that may assist in promoting a fair, just and expeditious trial.

Marginal note:Direction of judge respecting application

 The pre-trial conference judge may direct that any application

  • (a) be made in writing;

  • (b) be heard at such time before the date fixed for trial as the judge considers appropriate;

  • (c) be heard at the outset of the trial; or

  • (d) be heard in the absence of the jury after it has been sworn.

Marginal note:Endorsement on indictment

 The pre-trial conference judge, on completion of the conference, shall endorse the indictment or a true copy of the indictment as to the date the pre-trial conference was held.

Marginal note:On completion of pre-trial conference

  •  (1) The pre-trial conference judge, on completion of the conference, may

    • (a) complete a memorandum as to the discussions held and the results of the conference, and a copy of any such memorandum shall be placed on the court file and given to the prosecutor and counsel for the accused or the accused if he or she is acting personally; or

    • (b) endorse a copy of the pre-trial conference report submitted by the parties if the report accurately reflects the substance and outcome of the conference.

  • (2) The contents of a memorandum or pre-trial conference report shall not be published or broadcast except by leave of the pre-trial conference judge.

Marginal note:Other conferences

  •  (1) Nothing in this Part shall be interpreted so as to preclude the Court from conducting other informal pre-trial conferences, in addition to the conference required by subsection 625.1(2) of the Code, on such terms as the judge considers fit.

  • (2) The accused or the prosecutor may request that a further pre-trial conference be held.

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.

Marginal note:Application - certiorari

 An application for an order in the nature of certiorari shall be filed and served within six months after the conviction, order, warrant or inquisition to which it relates.

Marginal note:Endorsement on application

  •  (1) A notice in the following form, addressed to the justice or justices, coroner, administrative officer or Clerk, as the case may be, must be endorsed on a notice of motion requesting an order in the nature of certiorari:

    “You are hereby required forthwith after service of this notice to return to the Clerk of the Supreme Court at (community) the conviction (or order or warrant or inquisition) to which this notice refers and the information, evidence and exhibits filed, if any, together with this notice.

    Date: blank line

    To: blank line

    blank line
    Solicitor for the Applicant”
  • (2) A copy of rule 98 must appear on or be annexed to the notice of motion served on the justice or justices, coroner, administrative officer or Clerk from whom the return is required.

  • (3) All things required by subrule (1) to be returned to the Clerk shall, for the purposes of the application for an order in the nature of certiorari, be deemed to be part of the record.

Marginal note:Return of evidence and exhibits

  •  (1) On receiving a notice of motion endorsed in accordance with subrule 97(1), the justice or justices, coroner, administrative officer or clerk shall return forthwith to the Clerk the conviction, order, warrant or inquisition, as the case may be, together with the information, the evidence and exhibits filed, if any, and the notice served on the justice or justices, coroner, administrative officer or Clerk with a certificate endorsed in the following form:

    “Pursuant to the accompanying notice I hereby return to the Honourable Supreme Court the following papers and documents:

    • (a) the conviction — or order or warrant or inquisition —;

    • (b) the information and the warrant issued on the information; and

    • (c) the evidence taken at the hearing and all exhibits filed.

    And I hereby certify to the Honourable Supreme Court that I have enclosed in this return all the papers and documents in my custody and power relating to the matter referred to in the notice of motion.”

  • (2) The certificate required by subrule (1) has the same effect as a return to a writ of certiorari.

  • (3) Where a record of the proceeding has been transmitted to the Clerk as required by law, other than as required by subrule (1), the Clerk shall, in lieu of the certificate set out in subrule (1), certify to the fact and the date of the transmission.

  • (4) Where the material referred to in subrule (1) or the record of the proceeding referred to in subrule (3) has not been received by the Clerk before the application is heard, the Clerk shall prepare a certificate of the fact.

  • (5) The Court may dispense with the return of the evidence or exhibits or any part of them.

Marginal note:Ex parte application

 Notwithstanding rules 95 to 98, the Court, on the ex parte application of the prosecutor, may quash a conviction or warrant made without lawful authority.

Marginal note:Mandamus

 No order in the nature of mandamus may be granted unless at the time of application an affidavit is produced in which some person deposes on oath that the application is made at his or her instance as prosecutor, and the name of that person must appear in the order as the person at whose instance it is made.

Marginal note:No action against person obeying order

 No action or proceeding may be commenced or prosecuted against any person in respect of anything done in obedience to an order in the nature of mandamus issued by the Court or any judge.

Marginal note:Time in which duty must be performed

 In an order in the nature of mandamus, the Court may compel a defendant or respondent to perform the duty in question

  • (a) either forthwith or on the expiration of such time as the Court specifies; and

  • (b) on such terms as the Court may specify.

Marginal note:Application - habeas corpus

  •  (1) An application for an order in the nature of habeas corpus shall be served not less than three days before the return date of the application on

    • (a) the authority responsible for the place of detention; and

    • (b) the office of the Attorney General responsible for the prosecution or conviction, as the case may be.

  • (2) A copy of rule 104 shall appear on or be annexed to the application.

Marginal note:Return to the Court

 The authority responsible for the place of detention shall, within 24 hours after receiving an application under rule 103, forward to the Clerk a copy of all causes of the prisoner’s detention.

Marginal note:Order before return made under rule 104

  •  (1) On the argument of an application for an order in the nature of habeas corpus, the Court may, if the Court considers it just, direct an order to be drawn up for the prisoner’s discharge without waiting for the return of the information required by rule 104.

  • (2) An order made under subrule (1) is a sufficient warrant for any jailer, peace officer or other authorized person for the prisoner’s discharge.

 

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