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Criminal Procedure Rules of the Supreme Court of the Northwest Territories (SI/98-78)

Regulations are current to 2024-03-06

PART 19Regulation of Conduct in the Court Room

Marginal note:Photographs, recording, broadcasting in court room

 The taking of photographs in the court room during the progress of the judicial proceedings, the private recording of a proceeding by way of any recording or transmission device and the radio or television broadcasting of judicial proceedings from the court room is not permitted, except by authority of the Chief Justice.

Marginal note:R.C.M.P. dress

 Unless otherwise directed by the presiding judge,

  • (a) a member of the R.C.M.P. attending a court proceeding and sitting at counsel table with the prosecutor shall be dressed in formal red serge uniform and without a sidearm; and

  • (b) a member of the R.C.M.P. attending as a witness shall be dressed in formal red serge uniform or a business suit and attend without a sidearm.

PART 20Time

Marginal note:Reference to time

 Any reference to time in these Rules must be interpreted in accordance with section 27 of the Interpretation Act, chapter I-21 of the Revised Statutes of Canada, 1985.

Marginal note:Enlarging, abridging time

  •  (1) The Court may by order enlarge or abridge the time appointed by these Rules for the doing of any act or taking of any proceeding on such terms as the Court considers just.

  • (2) An application for an order enlarging the time appointed by a Rule may be made before or after the expiration of the time appointed.

  • (3) The time appointed by these Rules for serving, filing or delivering a document may be enlarged or abridged by consent of the parties in writing endorsed on the relevant document, without an application to the Court, or in such other form as a judge may direct.

PART 21Non-compliance with the Rules

Marginal note:Failure to comply with Rules

  •  (1) A failure to comply with these Rules is an irregularity and does not in itself render a proceeding or an act, document or order in a proceeding a nullity.

  • (2) Where such a failure occurs, the Court,

    • (a) may grant all necessary amendments or other relief, on such terms as the Court considers just, to secure the just determination of the real matters in dispute; or

    • (b) only where and as the Court considers necessary in the interests of justice, may set aside the proceeding or act, document or order in the proceeding in whole or in part.

  • (3) An application to set aside any proceeding or act for irregularity must be made within a reasonable time.

Marginal note:Dispensing with compliance of rule

 The Court may, where it considers it necessary in the interests of justice, dispense with compliance with any rule at any time.

Marginal note:Correction of mistakes, etc.

 A clerical mistake, or an error arising from oversight or omission, in a judgment, order or other part of a record may be corrected by the Court at any time and after such notice as the Court may order.

PART 22Exhibits

Marginal note:Marking of exhibits

  •  (1) An exhibit filed on a hearing or trial must be dated, numbered and marked to indicate the parties involved, whose property it is and by whom it is filed.

  • (2) The Clerk shall enter in a procedure book a list of each exhibit, briefly describing the exhibit and stating by whom it is filed.

Marginal note:Return of exhibit

  •  (1) An exhibit at a trial may be delivered to the party whose property it is

    • (a) at any time after the trial, on the consent of the opposite party; or

    • (b) at any time after the time for appeal has expired if no notice of appeal has been given, by order given at the end of the trial in court or on notice to the opposite party.

  • (2) Where an application for the return of an exhibit has not been made within two years after the last day of trial or, if an appeal has been taken, within two years after the conclusion of the appeal, the Clerk may serve notice on the prosecutor and solicitor for the accused stating that, unless such an application is made within three months after the notice is sent, the Clerk will destroy or otherwise dispose of the exhibit.

  • (3) Where it is made to appear to the Court that service of a notice under subrule (2) cannot be effected, the Court may order substitutional service or may dispense with service.

  • (4) Unless an application is made for the return of an exhibit in accordance with subrule (2), the Clerk may, on an ex parte basis, apply for an order and a judge may make an order requiring the Clerk to destroy or otherwise dispose of the exhibit.

  • (5) The Clerk shall destroy or otherwise dispose of an exhibit in accordance with an order made under subrule (4).

PART 23Practice Directions

Marginal note:Practice directions

 The judges of the Court, acting as a body, may from time to time issue practice directions not inconsistent with these Rules, and such practice directions shall apply to the same extent as these Rules.

PART 24Transitional, Repeal and Coming into Force

Marginal note:Transitional

 These Rules apply to proceedings commenced before these Rules come into force.

Marginal note:Repeal

 The following rules are hereby repealed:

  • (a) Rules as to Cases Stated under Section 762 of the Criminal Code and Rules Pursuant to Section 438 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition, registered as instrument numbered SI/74-119;

  • (b) Summary Conviction Appeal Rules of the Supreme Court of the Northwest Territories, registered as instrument numbered SOR/78-200; and

  • (c) Northwest Territories Supreme Court Rules Respecting Pre-Trial Conferences, registered as instrument numbered SI/86-86.

Marginal note:Coming into force

 These Rules come into force on July 1, 1998.

 

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