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

Court File No.

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

HER MAJESTY THE QUEEN

(Indicate whether Applicant or Respondent)

- and -

(Accused’s full name as it appears on the information or indictment)

(Indicate whether Applicant or Respondent)

Notice of Motion

TAKE NOTICE that an application will be brought on (month, day, year) at a.m. (or p.m.) at (specify address of court house), for an order granting (set out relief sought).

THE GROUNDS FOR THIS APPLICATION ARE:

• 1 That

• 2 That

• 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING:

• 1 (Set out documents such as transcripts, etc., on which the Applicant relies)

THE RELIEF SOUGHT IS:

• 1 An Order allowing the application and granting (indicate particular relief sought).

DATED at , on (month, day, year), .

Name, address, telephone and

telecopier telephone numbers of

Applicant or counsel:

Court File No.

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

HER MAJESTY THE QUEEN

(Indicate whether Applicant, Appellant or Respondent)

- and -

(Accused’s full name as it appears on the information or indictment)

(Indicate whether Applicant, Appellant or Respondent)

Notice of Abandonment

TAKE NOTICE that the Applicant (or Appellant) hereby wholly abandons his (or her or its) application for (or appeal against):

(Indicate

• (a) the nature of the order and relief sought, in the case of an application;

• (b) the conviction, order or sentence, in the case of an appeal instituted under subparagraph 813(a)(i) or (ii) of the Criminal Code;

• (c) the order staying proceedings on or dismissing an information or against sentence, in the case of an appeal instituted under subparagraph 813(b)(i) or (ii) of the Criminal Code;

• (d) the verdict, in the case of an appeal instituted under subparagraph 813(a)(iii) or (b)(iii) of the Criminal Code; or

• (e) the conviction, judgment or verdict of acquittal or other final order or determination in the case of an appeal instituted under paragraph 830(1) of the Criminal Code.)

DATED at , on (month, day, year).

Name and address of Applicant, Appellant

or counsel:

• Note: 

  An affidavit of execution is required by subrules 30(1) and 122(1) of the Criminal Procedure Rules of the Supreme Court of the Northwest Territories where applicant or appellant signs notice personally.

Court File No.

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

- and -

(Accused’s full name as it appears on information or indictment)

Applicant

BEFORE THE HONOURABLE IN CHAMBERS

) ) ) ) )

Yellowknife, Northwest Territories, this (month, day, year)

Order of Release

UPON the application of the Applicant and upon hearing Counsel for the Applicant and Counsel for the Respondent;

For offences NOT mentioned in section 522 of the Criminal Code, add:

AND IT APPEARING THAT the Applicant was detained in custody by the Order of Honour Judge in the Territorial Court of the Northwest Territories, at (place of detention), on (month, day, year);

(Set out, in full, the wording of each charge as it appears in the information or indictment)

For offences mentioned in section 522 of the Criminal Code, add:

AND IT APPEARING THAT the Applicant is not required to be detained in custody in respect of any other matter;

IT IS ORDERED THAT the Application be allowed, the Order previously made by Honour Judge be vacated and the Applicant be released on his (or her):

Use the most appropriate one of the following 12 paragraphs:

• 1 GIVING AN UNDERTAKING WITHOUT CONDITIONS.

• 2 GIVING AN UNDERTAKING WITH THE FOLLOWING CONDITIONS:

  • (a) 

  • (b) (Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code)

  • (c) 

• 3 ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ , but withoutdeposit of money or other valuable security.

• 4 ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ , but without deposit of money or other valuable security, with the following conditions:

  • (a) 

  • (b) (Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Code)

  • (c) 

• 5 ENTERING INTO A RECOGNIZANCE, with surety (or sureties), in the amount of $ but without deposit of money or other valuable security.

• 6 ENTERING INTO A RECOGNIZANCE, with surety (or sureties), in the amount of $ but without deposit of money or other valuable security, with the following conditions:

  • (a) 

  • (b) (Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code)

  • (c) 

• 7 The prosecutor having consented, ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ on the Applicant depositing that sum of money or other valuable security with the Clerk of the Supreme Court.

• 8 The prosecutor having consented, ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ on the Applicant depositing that sum of money or other valuable security with the Clerk of the Supreme Court, with the following conditions:

  • (a) 

  • (b) (Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code)

  • (c) 

• 9 Being not ordinarily resident in the Northwest Territories or not ordinarily residing within two hundred kilometres of the place in which the Applicant is in custody, ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ on the Applicant depositing that sum of money or other valuable security with the Clerk of the Supreme Court.

• 10 Being not ordinarily resident in the Northwest Territories or not ordinarily residing within two hundred kilometres of the place in which the Applicant is in custody, ENTERING INTO A RECOGNIZANCE, with surety (or sureties), in the amount of $ on the Applicant depositing that sum of money or other valuable security with the Clerk of the Supreme Court.

• 11 Being not ordinarily resident in the Northwest Territories or not ordinarily residing within two hundred kilometres of the place in which the Applicant is in custody, ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ on the Applicant depositing that sum of money or other valuable security with the Clerk of the Supreme Court, with the following conditions:

  • (a) 

  • (b) (Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code)

  • (c) 

• 12 Being not ordinarily resident in the Northwest Territories or not ordinarily residing within two hundred kilometres of the place in which the Applicant is in custody, ENTERING INTO A RECOGNIZANCE, with surety (or sureties), in the amount of $ on the Applicant depositing that sum of money or other valuable security with the Clerk of the Supreme Court, with the following conditions:

  • (a) 

  • (b) (Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code)

  • (c) 

AND IT IS FURTHER ORDERED THAT:

• 1 The undertaking may be given by the Applicant to (or recognizance may be entered into by the Applicant before) any Justice of the Peace in and for the Northwest Territories or the Clerk of the Supreme Court;

• 2 Any Justice of the Peace in and for the Northwest Territories may order that the Applicant be brought before the Justice for the purpose of giving the undertaking (or entering into the recognizance) and being released from custody, and this order shall be sufficient authority to any person having the custody of the Applicant in the Northwest Territories to have the Applicant brought before a Justice of the Peace for that purpose;

• 3 If the Applicant is brought before a Justice of the Peace and gives the undertaking (or enters into the recognizance) as set out in this order, the person having custody of the Applicant shall release him (or her) forthwith.

APPROVED AS TO FORM AND CONTENT:

ENTERED this day of , 19

• Note: 

  This form is a model standard form of order that can be used as the model for actual orders. Only the appropriate paragraphs from the model standard form should be incorporated into the actual order as required.

Court File No.

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

HER MAJESTY THE QUEEN

- and -

(Accused’s full name as it appears on the information or indictment)

BEFORE THE HONOURABLE IN CHAMBERS

) ) ) ) )

Yellowknife, Northwest Territories, this day of , 19

Order for Removal

UPON IT APPEARING THAT (name of accused or witness) is in custody at (name of institution) at (community), (territory or province);

AND UPON IT APPEARING THAT the attendance of (name) is required before the Court of the Northwest Territories on (month)(day), 19 at a.m. (or p.m.), at (community), in the Northwest Territories;

IT IS HEREBY ORDERED THAT the Warden of the (name of institution) surrender (name of prisoner) to the Royal Canadian Mounted Police escort bearing this Order so that (name of prisoner) may be brought under such escort before the (community) Court of the Northwest Territories sitting at , Northwest Territories on (month)(day), 19, at a.m. (or p.m.).

AND IT IS FURTHER ORDERED THAT (name) be kept in custody of the Royal Canadian Mounted Police at (community) and elsewhere in the Northwest Territories as may be necessary until his (or her) attendance in Court is no longer required, at which time he (or she) shall be returned under safe escort by the Royal Canadian Mounted Police to the Warden at (name of institution) in (community), (territory or province), who shall receive him (or her) or as otherwise ordered by the Court.

ENTERED this day of , 19.

Court File No.

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

HER MAJESTY THE QUEEN

- and -

(Accused’s full name as it appears on the information or indictment)

Notice of Motion on Constitutional Issue

TAKE NOTICE THAT (name of party) will bring an application on (month, day, year) at a.m. (or p.m.) at (specify address of court house) for an order granting (set out precise relief sought).

THE GROUNDS FOR THIS APPLICATION ARE:

• 1 

• 2 (State concisely each issue to be raised)

• 3 

THE CONSTITUTIONAL PRINCIPLES TO BE ARGUED ARE:

• 1 

• 2 

• 3 

THE STATUTORY PROVISION OR RULES ON WHICH THE APPLICANT RELIES ARE:

• 1 

• 2 

• 3 

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING:

• 1 (Briefly describe the documents such as affidavits, transcripts, etc., on which the Applicant relies)

DATED at on (month, day, year).

Name, address, telephone and

telecopier telephone numbers of

Applicant or counsel:

Court File No.:

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

HER MAJESTY THE QUEEN

- and -

(Accused’s full name as it appears on the information or indictment)

Pre-Trial Conference Report

Name of accused:

Charges:

Defence Counsel:

Telephone:

Telecopier:

Crown Counsel:

Telephone:

Telecopier:

Date of alleged offence:

Place of alleged offence:

Date accused charged:

Date indictment filed:

Date of committal:

Date of trial:

Place of trial:

Summary of Crown allegations:

Defence position, if any:

Form of judicial interim release:

Disclosure issues:

Expected mode of trial:

• [ ] Re-election expected

• [ ] Crown consenting (if required)

Pre-trial motions:

Voir dires:

Undisputed issues:

Legal issues:

Number of witnesses: (specify if expert)

• (a) Crown

• (b) Defence

Experts’ reports:

• (a) Crown

• (b) Defence

Length of trial:

Interpretation:

Date:

Court File No.

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

HER MAJESTY THE QUEEN, on the information and complaint of (name of informant), (Where the appellant is not Her Majesty the Queen then only the name of the informant who is the appellant should be set out)

- and -

(Respondent’s full name)

Notice of Appeal

TAKE NOTICE that the Attorney General of Canada (or, where the Appellant is not the Attorney General of Canada, insert name of the informant) intends to appeal and does hereby appeal from an order dismissing the information of (name of informant) against the Respondent, made by (name of presiding judge or justice) at (place of adjudication) on (date of adjudication).

The information that was dismissed charged the Respondent (state fully offence or offences charged).

(If appeal is from sentence, add:

TAKE NOTICE that the Attorney General of Canada (or, where the appellant is not the Attorney General of Canada, insert name of the informant) intends to appeal and does hereby appeal the sentence passed on the Respondent following a conviction (or convictions) made by (name of presiding judge, magistrate or justice of the peace) at (place of adjudication) on (date of adjudication).

The offence (or offences) of which the Respondent was convicted was (or were) (state fully offence or offences) and the sentence passed by the summary conviction court was (state particulars of sentence) and was passed on (month, day, year).)

The following is the order the Attorney General (or the informant, as the case may be) asks to be made:

(Here set out order sought).

The grounds of appeal are: (set out grounds with particularity).

The address for service of the Attorney General of Canada at Yellowknife is:

Department of Justice

3rd Floor, Joe Tobie Building

P.O. BOX 8

YELLOWKNIFE NT X1A 2N1

(Substitute informant’s address for service where the Attorney General of Canada is not the Appellant.)

DATED (month, day, year).

Court File No.

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

(Appellant’s full name)

- and -

HER MAJESTY THE QUEEN

(Where the Respondent is not Her Majesty the Queen, the style of cause should clearly identify the Respondent)

Notice of Appeal

TAKE NOTICE that the Appellant intends to appeal and does hereby appeal from the conviction (or sentence or conviction and sentence) made by (name of presiding judge or justice) at (place of adjudication) on (date of adjudication).

The offence of which the Appellant was convicted was (state fully the offence or offences on which the appellant was convicted).

(Add, if applicable: The sentence of the summary conviction court that convicted the Appellant was (state sentence passed) and was passed on (state date of sentence).)

The following is the order the Appellant asks to be made: (here set out nature of order sought).

The grounds of appeal are: (set out grounds with particularity).

The Appellant does (or does not) wish to appear personally or by counsel and will present his (or her or its) argument or appeal orally (or in writing).

The Appellant’s (add, where applicable: and his (or her or its) counsel’s) address for service in the Northwest Territories is (or are):

Dated at on (month, day, year).

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

(Appellant’s full name and address)

- and -

HER MAJESTY THE QUEEN

Notice of Appeal

(Filed by the Accused personally)

DATE OF CONVICTION:

DATE OF SENTENCE:

OFFENCE:

SENTENCE:

PLACE OF TRIAL:

COURT:

APPEAL IS AGAINST: (state whether appeal is against conviction, sentence or both)

PLACE OF INCARCERATION:

Dated at on (month, day, year).