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

Regulations are current to 2024-02-20 and last amended on 2014-01-01. Previous Versions

Part II: Pre-Trial Proceedings [Rules 20-29] (continued)

Rule 29 Case Supervision Judges and Conferences

Authority for Rule

 This rule is made under the authority of s. 482.1(1) of the Code.

Designation of Case Supervision Judge

General Rule
  •  (1) The Regional Senior Judge, or a judge designated by him or her, on the recommendation of the pre-trial conference judge or otherwise, may assign a case supervision judge to any case to be tried or otherwise determined in the Region.

Criteria for Designation of Case Supervision Judge
  • (2) In considering whether to assign a case supervision judge to any proceeding, the Regional Senior or designated judge shall take into account all the relevant circumstances, including, but not limited to:

    • (a) the recommendation of the pre-trial conference judge;

    • (b) the purpose of case supervision;

    • (c) the complexity of the proceeding, including issues of fact and law involved in any pre-trial applications;

    • (d) the importance to the parties and the administration of justice of the issues of fact and law raised in the proceedings;

    • (e) the number of parties involved in the proceedings and whether all parties are represented by counsel;

    • (f) the number of proceedings involving the same or related parties;

    • (g) the nature and extent of intervention by the case supervision judge that the proceedings are likely to require;

    • (h) the time reasonably required for any pre-trial applications in the proceedings;

    • (i) the time reasonably required for completion of the proceeding;

    • (j) the number of witnesses likely to testify in the proceeding; and,

    • (k) any other factors that the judge considers relevant.

Assistance with Administrative Matters

 The case supervision judge may designate personnel of the court to deal with administrative matters relating to proceedings out of court, provided any accused affected by those matters is represented by counsel.

Case Supervision Conferences

 The case supervision judge may schedule and convene a case supervision conference from time to time, on his or her own initiative or at the request of a party, to ensure efficient case supervision and the orderly and expeditious conduct of the proceedings.

Attendance at Case Supervision Conference

General Rule
  •  (1) Unless otherwise ordered by the case supervision judge, counsel of record for each accused, or if the accused is self-represented, the accused, and the prosecutor assigned to conduct the proceedings shall attend the case supervision conference, be fully acquainted with the factual and legal issues likely to arise at the conference and be in a position to make decisions that bind the party during the proceedings.

Accused Represented by Counsel
  • (2) Unless otherwise ordered by the case supervision judge, an accused who is represented by counsel who has completed a Designation of Counsel in Form 18 is not required to attend a case supervision conference.

Requirement of Presence
  • (3) The case supervision judge may require that an accused represented by counsel and an investigating officer be present or available for consultation at the case supervision conference.

The Case Supervision Conference

General Nature of the Case Supervision Conference
General Rule
  •  (1) Unless otherwise ordered by the case supervision judge, a case supervision conference in proceedings where all parties are represented by counsel, shall be conducted in the case supervision or pre-trial conference room, judges’ chambers or other suitable rooms in the courthouse.

Self-Represented Accused
  • (2) Where any party to a proceeding in which a case supervision conference is held is not represented by counsel, the case supervision conference shall be held in accordance with subrules 28.04(2) to (5).

Specific Authority of the Case Supervision Judge
  • (3) The case supervision judge may:

    • (a) establish or revise any schedule for pre-trial applications, trial or other proceedings;

    • (b) secure the parties’ agreement or give directions about the order in which pre-trial applications or other preliminary applications shall be heard;

    • (c) secure the parties’ agreement or give directions about the manner in which evidence will be presented on pre-trial or other preliminary applications;

    • (d) secure the parties’ agreement to or give directions about a judge other than the trial judge hearing and determining pre-trial or other preliminary applications;

    • (e) secure the parties’ agreement or give directions about the manner in which decisions made by a judge other than the trial judge on pre-trial or other preliminary applications are to be incorporated into the record or other proceedings;

    • (f) secure the parties agreement or give directions about the materials to be filed in support of and in response to any pre-trial or other preliminary applications;

    • (g) establish a schedule for the service and filing of any materials required for any pre-trial or other preliminary applications;

    • (h) secure the parties’ agreement to or give directions about admissions of fact or other agreements about issues of fact and the attendances of witnesses on issues not in dispute;

    • (i) require the prosecutor to provide a list of the names of the persons who will or may be called as witnesses for the prosecution;

    • (j) secure the parties’ agreement or give directions about any interpreters or technological equipment required in the proceedings and make arrangements through court personnel to ensure such requirements are met;

    • (k) secure the parties’ agreement to or give directions about the manner in which evidence may be presented at trial to assist its comprehension by jurors;

    • (l) identify contested issues of fact and law and explore methods to resolve them; and,

    • (m) recommend the appointment of a case management judge under rule 29A or 29B.

Role of Trial Judge
  • (4) Any directions given by the case supervision judge are subject to revision by the judge presiding in the proceedings according to the best interests of the administration of justice.

  • SI/2014-5, s. 14

Rule 29A The Appointment of a Case Management Judge[Code, ss. 551.1 to 551.6]

[
  • SI/2014-5, s. 15(E)
]

Authority for Rule

[
  • SI/2014-5, s. 15(E)
]

 The appointment of a Case Management Judge under the Code shall be governed by sections 551.1 to 551.6 of the Code and rules 29A.02 to 29A.06.

  • SI/2014-5, s. 15(E)

Appointment by Notice of Application

 Where a party seeks the appointment of a Case Management Judge pursuant to section 551.1 of the Code, he or she must serve and file a Notice of Application briefly setting out:

  • (a) why the appointment would be “necessary for the proper administration of justice” in the case, and,

  • (b) the jurisdiction the Case Management Judge may exercise in the case having regard to section 551.3 of the Code.

Service of Notice of Application

 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 one clear day before the pre-trial conference or 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 and at least one party agree that a Case Management Judge should be appointed, the judge may require one party to prepare the Notice of Application.

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) the judge is the Regional Senior Judge, or,

    • (b) his or her designate for the appointment of a Case Management Judge.

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

    • (a) why the appointment is “necessary for the proper administration of justice”, and,

    • (b) the jurisdiction of the Case Management Judge is permitted to exercise in the case having regard to section 551.3 of the Code.

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.

 

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