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

Version of section 23.04 from 2012-03-01 to 2013-12-31:

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

    • (a) a copy of the warrant under which the prisoner is held, where it is reasonably practicable to do so;

    • (b) where the application is made under s. 527(1) of the Code, a copy of the indictment to which the application relates;

    • (c) where the application is made under s. 527(1) of the Code, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2);

    • (d) where the application is made under s. 527(7) of the Code, an affidavit by or on behalf of the prosecutor setting out the matters described in subrule (3);

    • (e) where the application is made under s. 527(7) of the Code, the written consent of the prisoner to the order proposed;

    • (f) a draft order in Form 12 or 13, as the case may be; and,

    • (g) a copy of any other material in the court file that is necessary for the determination of the application.

Affidavit of or on Behalf of the Applicant
  • (2) The affidavit of or on behalf of the applicant required by subrule (1)(c) for applications under subsection 527(1) of the Code shall contain:

    • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which the proceedings in which the prisoner’s attendance is required are scheduled to commence or resume, as the case may be;

    • (b) particulars of the date upon or period within which, as well as the locations at which, the attendance of the prisoner will or may be required; and,

    • (c) a statement of the reasons why the prisoner’s attendance is required.

  • (3) The affidavit of or on behalf of the applicant required by subrule (1)(d) for applications under subsection 527(7) of the Code shall contain:

    • (a) a description of the status of the peace officer to whose custody it is sought to transfer the prisoner;

    • (b) a statement or description of the purpose for which the transfer of the prisoner is sought;

    • (c) a statement or description of the nature of the assistance which it is reasonably anticipated the prisoner will provide, if transferred;

    • (d) a statement whether the assistance reasonably anticipated from the prisoner is available from other sources;

    • (e) a statement whether notice of the application has been given to the solicitor of record of the prisoner;

    • (f) as an exhibit, the written consent of the prisoner to the proposed transfer;

    • (g) a description of the procedures to be followed to ensure the custody and security of the prisoner;

    • (h) a statement of particulars of the period for which the transfer is required; and,

    • (i) a general description of the locations at which the attendance of the prisoner will be required.

Application Record and Factum
  • (4) Unless otherwise ordered, in accordance with rule 2.01, by the judge before whom an application under this rule and s. 527(1) or (7) of the Code is returnable, no application record or factum shall be required.

Attendance Not Required
  • (5) Unless otherwise ordered, in accordance with rule 2.01, by the judge before whom an application under this rule and s. 527(1) or (7) of the Code is returnable, the order sought may be given ex parte and without the attendance of the solicitor of record for the applicant.

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