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• (5) In these Rules, “Code” means the Criminal Code, R.S.C. 1985, c. C-46, as amended.

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• (7) The forms in the appendix shall be used where applicable and with such variations as the circumstances require.

• (8) A failure to comply with these Rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the court

  • (a) may grant all necessary amendments or other relief on such terms as will secure the just determination of the real matters in dispute; or

  • (b) only where and as necessary in the interests of justice, may set aside a proceeding or a step, document or order in a proceeding in whole or in part.

• (9) The court may, only where and as necessary in the interests of justice, dispense with compliance with any rule at any time.

• (10) The court may, only where and as necessary in the interests of justice, extend or shorten any period of time provided for in Rules 1 to 5 or in an order of the court, notwithstanding that an application for extension or an order granting an extension is made after the period of time has expired.

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• (5) Except for subrule 51(10), Rule 51 of the Rules of Court of the Supreme Court as to affidavits applies equally to these Rules.

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• (1) (a) No writ of mandamus, certiorari, habeas corpus or prohibition shall be issued, but all necessary directions shall be made by order.

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  • (c) Any person not served with the notice of application may show that the person is affected by the proceedings and thereupon may be permitted to take part in the proceedings as though served.

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• (1) When an accused is to be tried with a jury, a pre-trial conference shall be held at a date, time, place and manner as ordered by a judge of the court, or at such further dates and times as may be ordered by the judge presiding over the pre-trial conference.

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• (4) If the accused is not in custody, the court registry also shall advise the accused of the date, time and place of the conference by letter sent to the address given on his or her bail recognizance, or such more recent address as the accused may have given in writing to the registry.

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• (6) The purpose of the conference is to consider such matters as will promote a fair and expeditious trial.

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• (10) The conference clerk shall record on the file any order made by the judge, as well as any special arrangements necessary for the conduct of the trial, such as for interpreters or electronic equipment.

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• (12) The presiding judge, in his or her discretion, may direct that the motion be reduced to writing and heard at such time prior to the date fixed for trial as the judge deems fit, or the judge may direct that the motion be heard at the outset of the trial.

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• (14) The trial judge, in his or her discretion, may direct that the matter be dealt with before any juror on a panel of jurors is called, at such date and time as the judge deems fit, or may direct that the matter be dealt with in the absence of the jury after it has been sworn.

• (15) The judge presiding over the conference may adjourn the conference from time to time as necessary and, in the case of an accused who is in custody, the court registry shall advise the accused’s custodian of the adjourned date and that the accused is required to be present.

• (16) The judge presiding over the conference shall, upon its completion, endorse the indictment or a true copy thereof as to the date the conference was held.

• (17) Nothing contained in Rule 5 shall preclude the court from conducting other informal pre-trial conferences in addition to the mandatory conference provided for in subsection 625.1(2) of the Code, on such terms as the court sees fit.

• (18) The Chief Justice may issue such practice directions as may be required to give full force and effect to Rule 5.

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• (4) (a) The prosecutor must serve the defendant personally by leaving a copy of the notice of appeal with the defendant.

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  • (i) set aside or vary an order for substituted service as the appeal court considers just; and

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• (7) Unless the appeal court otherwise orders, or an agreed statement of facts has been filed pursuant to subsection 830(2) of the Code, the appellant shall

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  • (b) where the appeal is against sentence, within 30 days after serving the notice of appeal, file

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    • (ii) submissions of the prosecution and the defence as to sentence,

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• (25) Any judge of the appeal court may, on application in Form 6, only where and as necessary in the interests of justice, extend or shorten the time provided in Rule 6 for the giving of any notice or the doing of any act, notwithstanding that an application for extension or an order granting an extension is made after the time has expired.

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• 1 (Set out documents such as affidavits, transcripts, etc., upon which the applicant relies)

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• 3 Offence(s) of which appellant convicted or acquitted, as the case may be

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Appellant (or appellant’s counsel, as the case may be)

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TAKE NOTICE that an application will be made on behalf of the above named to this court, at a date, time and place as the registrar directs, for an extension or reduction of the time within which an appeal may be brought upon the following grounds:

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