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  1. Criminal Proceedings Rules for the Superior Court of Justice (Ontario) - SI/2012-7 (Section 1.04)
    Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

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

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    • (2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them.

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    • (3) Where an accused is not represented by a solicitor but acts in person, anything that these rules require or permit a solicitor to do shall be done by the accused.


  2. Criminal Proceedings Rules for the Superior Court of Justice (Ontario) - SI/2012-7 (Section 1.02)
    Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

    • 1.02 (1) These rules are enacted pursuant to subsection 482(1) of the Criminal Code and apply to prosecutions, proceedings, applications and appeals, as the case may be, within the jurisdiction of the Superior Court of Justice, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, application or appeal.

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    • (3) These rules come into force on March 1, 2012.

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  3. Criminal Proceedings Rules for the Superior Court of Justice (Ontario) - SI/2012-7 (Section 1.01)
    Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

    • 1.01 (1) These rules may be cited as the Criminal Proceedings Rules for the Superior Court of Justice (Ontario).

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    • (2) In these Rules,

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  4. Criminal Proceedings Rules for the Superior Court of Justice (Ontario) - SI/2012-7 (Form 19 : Appellant’s Factum — Appeal from Sentence Only)
    Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

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    • 14 Name(s) of co-accused and sentence(s) imposed for offence(s) upon which he/they was/were convicted:Footnote 5

      • Return to footnote 5Where the Appellant relies on disparity as a ground for varying the sentence, additional details may be necessary and should be included in Part II of the Factum. These details would include the co-accused’s criminal record, reference to the trial judge’s reasons for the sentence imposed on the co-accused, the involvement of the co-accused, whether the co-accused was convicted of other offences so that the totality principle affected the sentence, and any other information providing context to the allegation of disparity.

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  5. Criminal Proceedings Rules for the Superior Court of Justice (Ontario) - SI/2012-7 (Section 31.04)
    Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

    • 31.04 (1) Any party who seeks to have evidence excluded under this rule shall give the notice required by rule 31.03 not less than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be, unless otherwise ordered by a judge under these rules.

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    • (2) Service of the notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge shall be made in accordance with rule 5.

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    • (3) The notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge, together with proof of service, shall be filed in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be unless otherwise ordered by a judge of the court.


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