Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings (SI/2004-134)

Marginal note:Materials to Be Filed

• 12.04 (1) Notice of Application under this rule shall include, whether by affidavit by or on behalf of the applicant, or otherwise, an outline of the general circumstances of the application.

• Marginal note:Factum May Be Required

  (2) A judge may require that factums complying with rules 6.06 to 6.08 be filed on applications under this rule.

12.05 The respondent or accused may consent in writing to the order sought on terms included in a draft order that is filed, and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.

13.01 This rule applies to applications on behalf of an accused or the prosecutor for an order adjourning a proceeding, after a date has been fixed for the proceeding but before commencement of the proceeding.

13.02 Applications under rule 13.01 shall be made to a judge sitting in the court centre in which the proceeding is to be held as soon as practicable and, absent exigent circumstances, not later than 15 days before the date fixed for the proceeding.

Marginal note:General Rule

13.03 Service of the Notice of Application under this rule shall be made on the prosecutor or accused, and all other parties to the proceedings, as the case may be, in accordance with Rule 5, not later than three days before the date fixed for the hearing of the application.

14.01 This rule applies to applications in criminal proceedings

• (a) to declare unconstitutional and of no force and effect, in whole or in part, any enactment of the Parliament of Canada,

• (b) to declare unconstitutional and of no force and effect, in whole or in part, any rule or principle of law applicable to criminal proceedings, whether on account of subsection 8(2) or (3) of the Code or otherwise, and

• (c) to stay proceedings against an accused, in whole or in part, or for any other remedy under subsection 24(1) of the Charter or subsection 52(1) of the Constitution Act, 1982

on account of an infringement or denial of any right or freedom guaranteed under the Charter or otherwise.

14.02 Applications under this rule shall be made to a judge sitting in the court centre in which the proceeding is being held or is to be held in accordance with the times set out in rule 14.04.

14.03 The Notice of Application and Constitutional Issue in Form 3 shall state

• (a) the place and date of hearing as determined in accordance with rules 14.02 and 14.04;

• (b) the precise relief sought on the application; and

• (c) the grounds to be argued, including a concise statement of the constitutional issue to be raised and a summary of the nature of the facts in issue.