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

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    (Accused’s full name as it appears on the information or indictment)

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    THE GROUNDS FOR THIS APPLICATION ARE:

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    • 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.

    IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING:

    • 1 (Set out documents such as transcripts, etc., on which the Applicant relies)

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    (Accused’s full name as it appears on the information or indictment)

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    (Accused’s full name as it appears on information or indictment)

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    For offences NOT mentioned in section 522 of the Criminal Code, add:

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    (Set out, in full, the wording of each charge as it appears in the information or indictment)

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    AND IT IS FURTHER ORDERED THAT:

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    • 3 If the Applicant is brought before a Justice of the Peace and gives the undertaking (or enters into the recognizance) as set out in this order, the person having custody of the Applicant shall release him (or her) forthwith.

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    APPROVED AS TO FORM AND CONTENT:

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    • Note: 
      This form is a model standard form of order that can be used as the model for actual orders. Only the appropriate paragraphs from the model standard form should be incorporated into the actual order as required.

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    (Accused’s full name as it appears on the information or indictment)

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    AND IT IS FURTHER ORDERED THAT (name) be kept in custody of the Royal Canadian Mounted Police at (community) and elsewhere in the Northwest Territories as may be necessary until his (or her) attendance in Court is no longer required, at which time he (or she) shall be returned under safe escort by the Royal Canadian Mounted Police to the Warden at (name of institution) in (community), (territory or province), who shall receive him (or her) or as otherwise ordered by the Court.

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    (Accused’s full name as it appears on the information or indictment)

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    IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING:

    • 1 (Briefly describe the documents such as affidavits, transcripts, etc., on which the Applicant relies)

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    (Accused’s full name as it appears on the information or indictment)

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    The following is the order the Attorney General (or the informant, as the case may be) asks to be made:

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  2. Criminal Procedure Rules of the Supreme Court of the Northwest Territories - SI/98-78 (Section 37)
    Criminal Procedure Rules of the Supreme Court of the Northwest Territories
    Marginal note:Place of trial
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    • (3) The report of the Clerk or Sheriff shall

      • (a) contain a specific recommendation as to the feasibility of holding the trial at the community at or nearest the place where the offence is alleged to have been committed; and

      • (b) make a recommendation, if necessary, as to alternate places of trial.

    • (4) The Clerk or Sheriff, as the case may be, shall provide the report to the judge, to the accused, or his or her counsel, and to the prosecutor.

    • (5) Where the Clerk or Sheriff, as the case may be, recommends that the trial should not be held at the place where it would normally be held under subrule (1), a judge may entertain submissions from the accused and the prosecutor as to a suitable place for trial.


  3. Criminal Procedure Rules of the Supreme Court of the Northwest Territories - SI/98-78 (Section 140)
    Criminal Procedure Rules of the Supreme Court of the Northwest Territories

     The following rules are hereby repealed:

    • (a) Rules as to Cases Stated under Section 762 of the Criminal Code and Rules Pursuant to Section 438 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition, registered as instrument numbered SI/74-119;

    • (b) Summary Conviction Appeal Rules of the Supreme Court of the Northwest Territories, registered as instrument numbered SOR/78-200; and

    • (c) Northwest Territories Supreme Court Rules Respecting Pre-Trial Conferences, registered as instrument numbered SI/86-86.


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

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    • (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.


  5. Criminal Procedure Rules of the Supreme Court of the Northwest Territories - SI/98-78 (Section 32)
    Criminal Procedure Rules of the Supreme Court of the Northwest Territories
    Marginal note:Application
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    • (2) A notice of motion must be accompanied by the following:

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      • (b) where the applicant is the accused and it is practicable to do so, an affidavit of each person proposed to serve as a surety for the accused if released, disclosing that person’s willingness to serve as a surety and the amount for which that person is to be liable;

      • (c) where the applicant seeks a review of an order earlier made, a transcript of the proceedings on the judicial interim release hearing under section 515 or 522 of the Code, as the case may be, and of any previous review proceeding taken before a justice or judge; and

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    • (5) Where the applicant is the prosecutor or where, as respondent, the prosecutor desires to assert that the detention of the accused is necessary in the interest of public safety, the prosecutor may file an affidavit setting out the facts on which he or she relies, including the evidence referred to in paragraph 518(1)(c) of the Code.



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