SI-92-99 Ontario Court of Justice Criminal Proceedings Rules

Current to 2019-06-21 · last amended 2012-03-01

Contents

Part I: General Matters [Rules 1‑19]

Rule 1 Citation, Application and Interpretation

Citation

Short Title

[Repealed]

Application of Rules

Ontario Court (General Division)

[Repealed]

Definitions

[Repealed]

Interpretation

General Principle

[Repealed]

Application of Code Provisions

[Repealed]

Forms

[Repealed]

Rule 2 Non-Compliance with the Rules

Effect of Non-Compliance

[Repealed]

Court May Dispense with Compliance

[Repealed]

Rule 3 Time

Computation

[Repealed]

Extension or Abridgment

General Powers of Court

[Repealed]

Rule 4 Court Documents

Format

[Repealed]

Contents

General Heading

[Repealed]

Certified Copies of Court Documents

[Repealed]

Notice to be in Writing

[Repealed]

Filing of Documents

Place of Filing

[Repealed]

Affidavits

Format

[Repealed]

Binding of Records, Appeal Books and Transcripts

[Repealed]

Transcripts

Paper Size

[Repealed]

Transmission of Documents

[Repealed]

Notice of Constitutional Issue

[Repealed]

Rule 5 Service of Documents

General Rules for Manner of Service

Notices of Application

[Repealed]

Personal Service

[Repealed]

Alternatives to Personal Service

Where Available

[Repealed]

Substituted Service or Dispensing with Service

Where Order May be Made

[Repealed]

Service on Solicitor of Record

[Repealed]

Service by Mail

Manner of Service

[Repealed]

Where Document Does Not Reach Person Served

[Repealed]

Validating Service

[Repealed]

Proof of Service

Affidavit of Service

[Repealed]

Rule 6 Applications

Application of the Rule

[Repealed]

Applications — To Whom to be Made

[Repealed]

Content of Notice

[Repealed]

Service of Notice

Generally

[Repealed]

Material for Use on Applications

Application Record and Factum

[Repealed]

Factums

Application of the Rule

[Repealed]

Applicant’s Factum

Filing and Service

[Repealed]

Respondent’s Factum

Filing and Service

[Repealed]

Intervenor’s Factum

Filing and Service

[Repealed]

The Hearing of Applications

Place of Hearing

[Repealed]

Evidence on Applications

Evidence by Affidavit

General Rule

[Repealed]

Evidence by Examination of Witnesses

[Repealed]

Use of Agreed Statement of Facts

[Repealed]

Abandonment of Applications

Notice

[Repealed]

Dismissal on Reference or Application

Notice by the Registrar

[Repealed]

Rule 7 Practice Directions

Power to Issue Practice Directions

[Repealed]

Part II: Pre-Trial Proceedings [Rules 20‑29]

Rule 20 Judicial Interim Release and Review Applications [Code, ss. 520(1), (8); 521(1), (9); 522(1); 523(2)(c)(ii), (3)]

Application of Rule

[Repealed]

To Whom Made

[Repealed]

Contents of Notice

[Repealed]

Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Order Directing Release

Form of Order

[Repealed]

Rule 21 Release of Exhibits for Scientific Testing [Code, s. 605(1)]

Application of the Rule

[Repealed]

To Whom Application Made

[Repealed]

Service of Notice

General Rule

[Repealed]

Material for Use on Application

Materials to be Filed

[Repealed]

Consent in Writing

[Repealed]

Order Directing Release of Exhibits

Form of Order

[Repealed]

Rule 22 Applications to Change the Venue of Trial [Code, s. 599(1)]

Application of the Rule

[Repealed]

To Whom Application Made

[Repealed]

Contents of Notice

[Repealed]

Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Consent in Writing

[Repealed]

Rule 23 Applications to Procure Attendance of Prisoners [Code, ss. 527(2), (7)]

Application of the Rule

[Repealed]

To Whom Application Made

Applications for Attendance at Court Proceedings

[Repealed]

Filing of Notice

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Rule 24 Applications to Take Evidence on Commission [Code, s. 709]

Application of the Rule

[Repealed]

To Whom Application Made

[Repealed]

Contents of Notice

[Repealed]

Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Consent in Writing

[Repealed]

Order for Examination

Contents of Order

[Repealed]

Witness to be Examined under Oath or upon Affirmation

Examination in Ontario

[Repealed]

Interpreter

General Rule

[Repealed]

Production of Documents

General Requirement

[Repealed]

The Course of Examination

Examination-In-Chief

[Repealed]

Objections and Rulings

Objections

[Repealed]

Rulings by Commissioner

[Repealed]

Evidence Taken to be Recorded

[Repealed]

Typewritten Transcript

Preparation of Transcript

[Repealed]

Use of Evidence at Trial

[Repealed]

Videotaping or Other Recording of Evidence on Commission

General Rule

[Repealed]

Rule 25 Applications for Removal as Solicitor of Record

Application of the Rule

[Repealed]

To Whom Application Made

[Repealed]

Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Consent in Writing

[Repealed]

Rule 26: Applications for Adjournment

Application of the Rule

[Repealed]

To Whom Application Made

[Repealed]

Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Consent in Writing

[Repealed]

Rule 27: Constitutional Issues

Application of the Rule

[Repealed]

To Whom Made

[Repealed]

Contents of Notice

[Repealed]

Filing and Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Interventions

[Repealed]

Rule 28 Pre-Hearing Conferences [Code, s. 625.1]

Where Available

[Repealed]

Attendance of Solicitor of Record and Accused

Attendance at Conference

[Repealed]

The Hearing

General Nature of Conference

[Repealed]

Pre-Hearing Conference Report

Completion of Report

[Repealed]

Other Pre-Hearing Conferences

[Repealed]

Part III: Trial Proceedings and Evidence [Rules 30‑39]

Part IV: Summary Conviction Appeals and Extraordinary Remedies [Rules 40-49]

Rule 40 Summary Conviction Appeals [Code, ss. 813, 830(1)]

Definitions

[Repealed]

Application

[Repealed]

Notice of Appeal

Time for Appeal

[Repealed]

Filing and Service of Notice of Appeal

General Rule

[Repealed]

Processing Appeals

Transmission of Notice of Appeal

[Repealed]

Transcripts and Agreements Respecting Evidence

Certificate Respecting Evidence

[Repealed]

Amendment of Notice of Appeal

Supplementary Notice to be Served and Filed

[Repealed]

Appeal Books

Filing and Service

[Repealed]

Perfecting Appeals

When Appeal Perfected

[Repealed]

Listing of Appeals for Hearing

Entry for Hearing

[Repealed]

Appeals in Writing

Notice of Intention

[Repealed]

Trials De Novo

Application

[Repealed]

Factums

Application of the Rule

[Repealed]

Appeals from Sentence Only

Factums in Appeals from Sentence Only

[Repealed]

Abandonment of Appeals

Notice

[Repealed]

Dismissal for Non-Compliance

Failure of Prosecution

[Repealed]

Reasons for Judgment

Where Reasons in or Reduced to Writing

[Repealed]

Extension or Abridgement of Time

General Rule

[Repealed]

Rule 41: Stays Pending Appeal [Code, s. 261 & 683(5)]

Application of the Rule

[Repealed]

To Whom Made

[Repealed]

Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Consent in Writing

[Repealed]

Rule 42: Release from Custody Pending Appeal [Code, s. 816, 832(1)]

Application of the Rule

[Repealed]

To Whom Application Made

[Repealed]

Contents of Notice

[Repealed]

Service of Notice

General Rule

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Order Directing Release

Form of Order

[Repealed]

Rule 43 Extraordinary Remedies [Code, s. 774 ff.]

Application of the Rule

[Repealed]

To Whom Application Made

[Repealed]

Contents of Notice

General Rule

[Repealed]

Filing and Service of Notice of Application

Time for Giving Notice of Application

[Repealed]

Materials for Use on Application

Materials to be Filed

[Repealed]

Consent in Writing

[Repealed]

[Repealed]

[Repealed]