Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench (SI/2016-34)

Regulations are current to 2017-11-20 and last amended on 2016-10-01. Previous Versions

Rule 15 — Constitutional Issues

Marginal note:Application

 Rules 15.02 to 15.07 apply if the constitutional validity or constitutional applicability of any enactment or common law rule is challenged or an application is made for a remedy under subsection 24(1) of the Charter.

Marginal note:Notice of motion
  •  (1) An application under rule 15.01 must be commenced by filing a notice of motion in Form 5 of the schedule.

  • Marginal note:Time limits set by judge

    (2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials.

  • Marginal note:Scheduling conference to set hearing dates

    (3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Marginal note:Contents of notice of motion

 The notice of motion must state the matters set out in rule 14.03 and state whether the applicant seeks to have the motion heard in advance of the trial.

Marginal note:Timing of hearing of motion

 A responding party to the motion may file a notice of motion requesting a determination as to whether the matter can be heard in advance of the trial or should be deferred until a later stage in the trial.

Marginal note:Filing and serving affidavit and other documents

 An applicant must file and serve on all other interested parties any affidavit or documentary evidence on which the applicant intends to rely within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Applicant’s brief and book of authorities
  •  (1) The applicant must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge.

  • Marginal note:Respondent’s brief and book of authorities

    (2) The respondent must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Interventions
  •  (1) A person may seek leave to intervene in an application if the constitutional validity or applicability of a law is challenged.

  • Marginal note:Granting of leave to intervene

    (2) The judge presiding over the proceeding or, if a judge has not yet been assigned, another judge of the Court may grant leave to intervene if he or she is satisfied that

    • (a) the person has an interest in the issue before the Court;

    • (b) the person will make submissions that are different than those of the other parties; and

    • (c) the intervention will not unduly delay or prejudice the determination of the rights of the parties.

  • Marginal note:Order

    (3) An order granting leave to intervene may be granted on any terms that the judge determines are just.

Rule 16 — Applications to Exclude Evidence Under the Charter

Marginal note:Applications

 Rules 16.02 to 16.05 apply if a party seeks to exclude evidence under subsection 24(2) of the Charter.

Marginal note:Contents of notice of motion

 An application to exclude evidence must be commenced by filing a notice of motion in Form 5 of the schedule that must state

  • (a) the place and date of hearing;

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

  • (c) a statement of the basis and grounds on which the evidence is said to be inadmissible; and

  • (d) a summary of the evidence or other material on which the applicant relies and a statement of the manner in which the applicant proposes to present the evidence.

Marginal note:Requirements set by judge
  •  (1) If the issue that is the subject of the motion is identified at a pre-trial conference or case management conference, the pre-trial judge or the case management judge must

    • (a) determine if motion briefs will be required; and

    • (b) set hearing dates and time limits for filing and serving the notice of motion, unless it has already been filed and served, and for filing and serving supporting materials.

  • Marginal note:Scheduling conference to set hearing dates

    (2) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Marginal note:Applicant’s motion record
  •  (1) If the application is not based on oral evidence, an applicant must file and serve a motion record that includes

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

    • (b) the affidavits and other documentary evidence relied on to support the application; and

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

  • Marginal note:Respondent’s motion record

    (2) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record that contains those other materials on which the respondent proposes to rely, within the time limits set by the pre-trial conference judge or the case management judge.

Rule 17 — Trial Readiness

Marginal note:Confirmation of trial readiness

 The prosecutor, counsel for each accused and any self-represented accused must file a trial readiness report in Form 6 of the schedule and serve it on the other parties at least 14 days before the trial date, or within the time that the pre-trial conference judge or case management judge directs.

Marginal note:Judge’s direction

 A further pre-trial conference or court attendance may be directed by a judge if counsel or a self-represented accused

  • (a) has changed their position on an issue from what was indicated at the most recent pre-trial conference or case management conference;

  • (b) has not complied with a filing requirement that is set out in these rules or directed by the pre-trial conference judge or case management judge; or

  • (c) has not filed a trial readiness report in Form 6 of the schedule.

PART 5Dangerous and Long-term Offenders

Rule 18 — Applications

Marginal note:Pre-hearing conference required
  •  (1) If the prosecutor advises the Court, in accordance with section 752.01 of the Code, that the prosecutor intends to apply to have an offender declared a dangerous offender or a long-term offender, the Court must set a date for a pre-hearing conference before the Chief Justice or his or her designate within 60 days after the day on which the offender is convicted.

  • Marginal note:Purpose of conference

    (2) The purpose of the conference is

    • (a) to discuss the procedure to be followed;

    • (b) to determine what matters will be contentious; and

    • (c) to schedule the hearing of the application.

Marginal note:Prosecutor’s pre-hearing conference report

 At least 14 days before the date of the pre-hearing conference, the prosecutor must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the offender.

Marginal note:Offender’s pre-hearing conference report

 At least seven days before the date of the pre-hearing conference, the offender must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the prosecutor.

PART 6Extraordinary Remedies

Rule 19 — Applications for Extraordinary Remedies

Marginal note:Application

 This Part applies to applications by way of certiorari, habeas corpus, mandamus, procedendo and prohibition, including applications to quash a subpoena, warrant, conviction, inquiry or other order or determination and applications for discharge of a person in custody.

 
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