Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

Version of section 22.05 from 2012-03-01 to 2013-12-31:

  •  (1) The notice of application in Form 1 under rule 22.03 shall be accompanied by:

    • (a) an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2);

    • (b) where the application is made under s. 599(1)(b) of the Code, an affidavit by or on behalf of the competent authority who has directed that no jury be summoned at the time and place appointed for trial, deposing to the matters described in subrule (3); and,

    • (c) a draft order in which is proposed an alternative place and, where applicable, time of trial.

Affidavit of or on Behalf of the Applicant
  • (2) The affidavit of or on behalf of the applicant required by subrule (1)(a) shall contain:

    • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence;

    • (b) where the basis of the application under s. 599(1)(a) of the Code is prejudicial news media reporting of the matter to be tried, a full statement respecting the time, place, date and name of the relevant account or report, together with a description of the extent of its circulation or coverage in the county or district from which prospective jurors would ordinarily be drawn;

    • (c) as exhibits, legible copies or transcripts of the media accounts which constitute the basis of the application; and,

    • (d) a statement of the reasons why the trial should be held in the territorial division proposed, rather than in some other territorial division different than that in which the offence would otherwise be tried.

Affidavit of Competent Authority
  • (3) The affidavit by or on behalf of the competent authority described in rule (1)(b) shall contain:

    • (a) a statement of the reasons why no jury is to be summoned at the time appointed for the accused’s trial in the territorial division where the trial is scheduled to be held;

    • (b) a statement of the date upon which the next jury is to be summoned in the territorial division where the trial is scheduled to be held; and

    • (c) a statement of the dates upon which jurors are to be summoned at the time appointed for trial and prior to the date described in clause (b) in other territorial divisions within the same region as described in O. Reg. 705/89.

Factums Required
  • (4) Factums complying with rule 33 are required in applications under this rule.

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