Criminal Code

Marginal note:Application for hearing

• 276.1 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.2 to determine whether evidence is admissible under subsection 276(2).

• Marginal note:Form and content of application

  (2) An application referred to in subsection (1) must be made in writing and set out

  • (a) detailed particulars of the evidence that the accused seeks to adduce, and

  • (b) the relevance of that evidence to an issue at trial,

  and a copy of the application must be given to the prosecutor and to the clerk of the court.

• Marginal note:Jury and public excluded

  (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.

• Marginal note:Judge may decide to hold hearing

  (4) Where the judge, provincial court judge or justice is satisfied

  • (a) that the application was made in accordance with subsection (2),

  • (b) that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or such shorter interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and

  • (c) that the evidence sought to be adduced is capable of being admissible under subsection 276(2),

  the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.2 to determine whether the evidence is admissible under subsection 276(2).