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Rules of the Supreme Court of Canada

Version of section 23 from 2017-01-01 to 2019-01-14:

  •  (1) In the case of an application for leave to appeal or an originating motion, counsel for the applicant and the respondent and, in the case of an appeal referred to in paragraph 33(1)(c) or (d), counsel for the appellant and the respondent shall file a certificate in Form 23A certifying whether there is

    • (a) a sealing or confidentiality order from a lower court or the Court in effect in the file;

    • (b) a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation;

    • (c) information in the file that is classified as confidential under legislation; or

    • (d) a restriction on public access to information in the file in a lower court.

  • (2) If counsel for the applicant or the respondent certifies that any of the situations set out in paragraphs (1)(a) to (d) exist, the certificate shall be accompanied by, as the case may be, a copy of any applicable order or, if the order was pronounced orally at a hearing, a copy of the relevant excerpt from the transcript of the hearing, a citation of any applicable legislative provision or an explanation of the restriction.

  • (3) If there is any order, applicable legislation or restriction referred to in subrule (1), counsel shall file a certificate in Form 23B certifying whether any documents filed by the counsel contain information that is subject to the order, legislation or restriction in the lower court and identifying the relevant documents and information.

  • (4) If a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, counsel shall file a certificate in Form 23C setting out the issues.

  • (5) The certificates and documents referred to in subrules (1), (2) and (4) shall be filed at the same time as the application for leave to appeal or the response to that application, the originating motion or the response to that motion or, in the case of an appeal referred to in paragraph 33(1)(c) or (d), the notice of appeal or respondent’s factum.

  • (6) Counsel shall immediately file a revision of the certificate referred to in subrule (1) in the event of any change in respect of the matters referred to in that subrule.

  • SOR/2013-175, s. 15
  • SOR/2016-271, s. 13
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