Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

Regulations are current to 2017-11-20 and last amended on 2014-01-01. Previous Versions

Service to Regional Manager of Judicial Services

 A copy of the Notice of Application, or a copy of the endorsement where subrule 29A.05(2) applies, shall be provided by the pre-trial or case supervision judge to the Regional Manager of Judicial Services.

Rule 29B The Appointment of a Judge to Determine Issues that Are to be Adjudicated in Related Trials[Code, s. 551.7]

Authority for Rule

 The appointment of judges to determine issues that are to be adjudicated in related trials shall be governed by section 551.7 of the Code and rules 29B.02 to 29B.08.

  • SI/2014-5, s. 16(E).

Appointment by Notice of Application

 Where a party seeks the appointment of a judge to determine issues that are to be adjudicated in related trials pursuant to section 551.7 of the Criminal Code, he or she must serve and file a Notice of Application briefly setting out:

  • (a) why the appointment would be “in the best interests of the administration of justice, including ensuring consistent decisions”;

  • (b) the “common issues” that would be adjudicated by the judge;

  • (c) the related trials;

  • (d) the jurisdiction in which those prosecutions were commenced; and,

  • (e) whether there has been a committal for trial in the other trials.

Service of Notice of Application

  •  (1) The Notice of Application must be served on:

    • (a) counsel, on behalf of all the parties in the case in which the application is being brought, and,

    • (b) the accused, where the accused does not have counsel of record in the case in which the application is being brought,

    and must also be filed with the trial coordinator at least five days before the pre-trial conference or case supervision conference at which the issue of the appointment will be raised.

  • (2) The Notice of Application must also be served on:

    • (a) all counsel in the related cases, and

    • (b) all accused where the accused does not have counsel of record in the related cases,

    and must be filed with the trial coordinator at least five days before the pre-trial conference or the case supervision conference at which the issue of the appointment will be raised.

Judge May Require One Party to Prepare Application

 Where no Notice of Application has been filed and the pre-trial or case supervision judge or a party seek the appointment of a judge to adjudicate the issues in related trials, the judge may:

  • (a) require one party to prepare the Notice of Application, and,

  • (b) give directions with respect to service on counsel or any accused who do not have counsel of record in the related proceedings.

When the Related Trials Are in the Same Region

 Where all related trials are in the same region of the Superior Court of Justice, the Regional Senior Judge or his or her designate shall determine whether a judge should be appointed to adjudicate the issues in related trials.

Where the Related Trials Are in Different Regions

 Where one or more of the related trials are in different regions of the Superior Court of Justice, the application shall be made to the Chief Justice or a judge designated by the Chief Justice to determine the issue.

Waiver of Notice of Application Requirement

  •  (1) Where no Notice of Application has been filed, the judge conducting the pre-trial conference or case supervision conference may waive compliance with the Notice of Application requirement where:

    • (a) all parties are represented at the pre-trial or case supervision conference,

    • (b) the judge is the Regional Senior Judge, or,

    • (c) the judge is the Regional Senior Judge’s designate for the appointment of judges to adjudicate the issues in related trials.

  • (2) Where subrule (1) applies, the presiding judge shall endorse the indictment or prepare a separate endorsement setting out:

    • (a) why the appointment is “in the interests of justice, including ensuring consistent decisions”, and,

    • (b) the issues to be adjudicated by the appointed judge after receiving input from all parties in the related proceedings.

Service to Regional Manager of Judicial Services

 A copy of the Notice of Application, or a copy of the endorsement where subrule 29B.07(2) applies, shall be provided by the pre-trial or case supervision judge to the Regional Manager of Judicial Services.

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

Rule 30 Applications to Admit Evidence

 This rule applies where a party to a proceeding seeks to have evidence admitted that a common law rule or other rule of admissibility renders presumptively inadmissible, including but not only:

  • (a) evidence of disreputable conduct by an accused, other than the conduct charged in the indictment;

  • (b) evidence of similar acts, whether included as other counts or not;

  • (c) evidence of a witness whose competence is governed by Section 4 of the Canada Evidence Act; and,

  • (d) evidence of a witness whose testimony, in whole or in part, is subject to a privilege.

To Whom Made

General Rule

  •  (1) An application to admit evidence that a common law or other rule of admissibility renders presumptively inadmissible shall be made to the judge who is scheduled to preside or is presiding in the proceedings in which the evidence is tendered for admission.

Exception
  • (2) Despite subrule (1), where the parties expressly agree that applications to admit evidence may be heard and determined by a judge other than the trial judge, and that rulings made on these applications will be incorporated into the record of the proceedings in which the evidence is tendered for admission, the pre-trial conference or case management judge may make an order to give effect to the parties’ agreement and the applications may be heard and determined by a judge other than the designated trial judge.

  • SI/2014-5, s. 17.

Requirement of Notice

Form of Notice

  •  (1) Applications to admit evidence under this rule shall be commenced by a notice of application in Form 1.

Contents of Notice
  • (2) The notice of application in Form 1 shall state:

    • (a) the place and date of hearing as determined in accordance with these rules;

    • (b) a detailed description of the presumptively inadmissible evidence the applicant seeks to introduce in the proceedings;

    • (c) a precise, case-specific statement of the basis and grounds upon which the evidence is said to be admissible;

    • (d) a detailed summary of the evidence or other material upon which the party seeking admission relies, and a statement of the manner in which the applicant proposes to introduce the evidence;

    • (e) an estimate of the time required to introduce the evidence and other material to be relied upon in support of the application; and,

    • (f) whether any order is required abridging or extending any times established by the pre-trial conference or case management judge or required for service and filing by this rule.

Filing and Service of Notice

General Rule

  •  (1) Any party who seeks to have evidence admitted under this rule shall give the notice required by rule 30.03 not less than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be, unless otherwise ordered by a judge under these rules.

Manner of Service
  • (2) Where the applicant is the prosecutor, service of the notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge shall be made in accordance with rule 5. Where the applicant is an accused, whether self-represented or represented by a solicitor of record, the notice and supporting materials shall be served on the office of the prosecutor having carriage of the proceedings.

Filing of Proof of Service
  • (3) The notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge, together with proof of service, shall be filed in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be unless otherwise ordered by a judge of the court.

Materials for Use on Application

Application Record

  •  (1) In addition to any other materials that may be required by these rules or by order of a judge of the court, an applicant under this rule shall include in an application record:

    • (a) the notice of application in Form 1;

    • (b) a copy of the indictment to which the application relates;

    • (c) legible copies of any reproducible materials relied upon in support of the application where it is proposed to argue the case for admissibility in whole or in part on a basis other than the testimony of witnesses;

    • (d) where it is proposed to argue the case for admissibility in whole or in part on the basis of testimony of witnesses, legible copies of prior statements or statements of anticipated evidence in sufficient detail to show the essential features of the evidence proposed for admission; and,

    • (e) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues raised.

Respondent’s Application Record
  • (2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall file a respondent’s application record and any other materials on which the respondent proposes to rely.

Books of Authorities
  • (3) Books of authorities shall be served and filed in accordance with rule 32, unless otherwise ordered by a judge of the court.

Factums
  • (4) Factums are not required for applications made under this rule, unless otherwise ordered by a judge of the court.

  • (5) Where a judge orders that factums be served and filed on an application under this rule, the factums shall comply with rule 33, unless otherwise ordered by a judge of the court.

 
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