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

Regulations are current to 2024-03-06

Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings

SI/2004-134

CRIMINAL CODE

Registration 2004-10-20

Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings

The Provincial Court of Newfoundland and Labrador, with the concurrence of the judges of that Court, pursuant to subsections 482(2) and (3) of the Criminal Code, hereby makes the annexed Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, effective November 1, 2004.

Dated October 1, 2004

M.R. Reid,
Chief Judge, on behalf of the
Provincial Court of Newfoundland and Labrador

PART IGeneral

Rule 1 — Citation, Application and Interpretation

Citation

Marginal note:Title

  •  (1) These rules may be cited as the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings.

  • Marginal note:Subdivision

    (2) In these rules,

    • (a) all the provisions identified by the same number to the left of the decimal point comprise a Rule (for example, Rule 1, which consists of rules 1.01 to 1.06);

    • (b) a provision identified by a number with a decimal point is a rule (for example, rule 1.01); and

    • (c) a rule may be subdivided into

      • (i) subrules (for example, subrule 1.01(1)),

      • (ii) clauses (for example, clause 1.01(2)(a) or 4.06(1)(b)), and

      • (iii) subclauses (for example, subclause 1.01(2)(c)(i) or 4.08(11)(a)(i)).

  • Marginal note:Alternative References

    (3) In a proceeding in the court, it is sufficient to refer to a rule or subdivision of a rule as a “rule” followed by the number of the rule, subrule, clause or subclause (for example, rule 1.01, rule 1.01(2), rule 1.01(2)(c) or rule 1.01(2)(c)(iii)).

Application

Marginal note:Provincial Court of Newfoundland and Labrador

  •  (1) These rules are enacted under subsection 482(2) of the Criminal Code and apply to prosecutions, proceedings and applications, as the case may be, within the jurisdiction of the Provincial Court of Newfoundland and Labrador, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding or application.

  • Marginal note:Coming into Force

    (2) These rules come into force on November 1, 2004.

Definitions

 The following definitions apply in these rules, unless the context otherwise requires.

affidavit

affidavit means a written statement in Form 2 confirmed by oath, or a solemn affirmation. (affidavit)

applicant

applicant means a person who makes an application. (requérant)

application

application means a proceeding commenced by a Notice of Application in Form 1, whether described in the enabling legislation or other authority as an application or motion. (application)

Charter

Charter means the Canadian Charter of Rights and Freedoms. (Chartre)

clerk

clerk means the clerk of the court. (greffier)

Code

Code means the Criminal Code. (Code)

counsel

counsel means a barrister and solicitor entitled to practise in the Province of Newfoundland and Labrador. (avocat)

counsel of record

counsel of record means the counsel who represents or represented the accused in the proceedings that are the subject of the application. (procureur commis au dossier)

court

court means the Provincial Court of Newfoundland and Labrador for the court centre in which a proceeding is commenced or pending or being heard, as the case may be. (tribunal)

court office

court office means the office of the clerk for the court centre in which the proceeding is commenced, pending or being heard, as the case may be. (greffe)

deliver

deliver means to serve and file with proof of service, and delivery has a corresponding meaning. (remettre)

document

document includes a Notice of Application, affidavit or any other material required or permitted to be served and filed under these rules. (document)

hearing

hearing means the hearing of an application, motion or preliminary inquiry, or a trial. (audience)

holiday

holiday means

  • (a) any Saturday or Sunday;

  • (b) any proclaimed under or in accordance with the Shops Closing Act;

  • (c) any special holiday proclaimed by the Governor General or the Lieutenant Governor; and

  • (d) that, if New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday. (jour férié)

information

information includes

  • (a) a count in an information; and

  • (b) a complaint in respect of which a judge is authorized by an Act of Parliament or an enactment made thereunder to make an order. (dénonciation)

judge

judge means a judge of the court and includes a justice of the peace when the context requires. (juge)

judgment

judgment means a decision that finally disposes of an application, preliminary inquiry, trial or other proceeding on its merits, and includes a judgment entered in consequence of the default of a party. (jugement)

order

order includes a judgment. (ordonnance)

proceeding

proceeding includes an application, trial, preliminary inquiry or other hearing. (instance)

prosecutor

prosecutor means the Attorney General or, if the Attorney General does not intervene, means the person who institutes proceedings to which the Code applies, and includes counsel acting on behalf of either of them. (poursuivant)

respondent

respondent means a person against whom an application is made. (intimé)

statute

statute includes the Code and any other statute passed by the Parliament of Canada to which the Code provisions apply. (loi)

Interpretation

Marginal note:General Principle

  •  (1) These rules are intended to provide for the just determination of every criminal proceeding, and shall be liberally construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

  • Marginal note:Matters Not Provided For

    (2) If matters are not provided for in these rules, the practice shall be determined by analogy to them.

  • Marginal note:Party Not Represented by Counsel

    (3) If an accused is not represented by counsel, anything that these rules require or permit counsel to do shall be done by or on behalf of the accused.

Application of code provisions

 The interpretation sections of the Code apply to these rules.

Forms

 The forms set out in the schedule shall be used when applicable and with such variations as the circumstances require.

Rule 2 — Non-Compliance with the Rules

Effect of non-compliance

 A failure to comply with these rules is an irregularity that does not render a proceeding or a step, document or order in a proceeding a nullity, and the court

  • (a) may grant all necessary amendments or other relief in accordance with rule 2.02, on any terms that are just, to secure the just determination of the real matters in dispute; or

  • (b) only if and as necessary in the interests of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part.

Court may dispense with compliance

 The court may, only if and as necessary in the interests of justice, dispense with compliance with any rule at any time.

Rule 3 — Time

Computation

  •  (1) In the computation of time under these rules or an order, except if a contrary intention appears,

    • (a) if there is a reference to a number of clear days or “at least” a number of days between two events, in calculating the number of days, there shall be excluded the days on which the events happen;

    • (b) if a period of less than six days is prescribed, holidays shall not be counted;

    • (c) if the time limited for the doing of a thing expires or falls on a holiday, the thing may be done on the day next following that is not a holiday; and

    • (d) service of a document made after 4 p.m., or at any time on a holiday, shall be deemed to have been made on the next day that is not a holiday.

  • (2) If a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.

Extension or abridgment

Marginal note:General Powers of Court

  •  (1) Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order in accordance with rule 2.02, on such terms as are just.

  • (2) An application for an order extending time may be made before or after the expiration of the time prescribed.

  • Marginal note:Consent in Writing

    (3) Any time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent in writing endorsed on the relevant document by the party to whom the document is intended, or in such other form as a judge may direct.

Rule 4 — Court Documents

Format

 Unless the nature of the document renders it impracticable, every document prepared by a party for use in a proceeding shall be legibly printed, typewritten, written or reproduced on durable white paper 279 mm in length and 216 mm in width, with a margin on the left side of the face of the page and, if the reverse side is used, on the right side of the reverse.

Contents

Marginal note:General Heading

  •  (1) Every document in a proceeding shall have a heading in accordance with Form 1 (Notice of Application) that sets out

    • (a) the name of the court and the information number; and

    • (b) the title of the proceeding but, in a document other than a record, order or report, if there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used.

  • Marginal note:Body of Document

    (2) Every document in a proceeding shall contain

    • (a) the title of the document;

    • (b) its date;

    • (c) if the document is filed by a party and not issued by a clerk, the name, address and telephone number of counsel filing the document or, if a party is not represented by counsel, the name of the party, their address for service and their telephone number; and

    • (d) If the document is issued by a clerk, the address of the court office in which the proceeding was commenced.

Certified copies of court documents

 At the request of a person entitled to see and to receive a copy of a document in a court file, the clerk shall issue a certified copy of the document on payment of the prescribed fee.

Notice to be in writing

 If these rules require notice to be given, it shall be given in writing.

Filing of documents

Marginal note:Place of Filing

  •  (1) All documents required to be filed in a proceeding shall be filed in the court office for the place where the proceeding was commenced or pending or being heard, as the case may be, except if they are filed in the course of a hearing or if these rules provide otherwise.

  • (2) An affidavit, transcript, record or factum to be used on the hearing of an application shall be filed in the court office for the place where the hearing is to be held.

  • Marginal note:Filing by Leaving in Court Office or by Mail

    (3) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office accompanied by, if applicable, the prescribed fee.

  • Marginal note:Date of Filing if Filed by Mail

    (4) If a document is filed by mail, the date of the filing stamp of the court office on the document is deemed to be the date of its filing, unless the court orders otherwise in accordance with rule 2.02.

  • Marginal note:If Document Filed by Mail Not Received

    (5) If a court office has no record of the receipt of a document alleged to have been filed by mail, the document is deemed not to have been filed, unless the court orders otherwise in accordance with rule 2.02.

Affidavits

Marginal note:Format

  •  (1) An affidavit used in a proceeding shall

    • (a) be in Form 2;

    • (b) be expressed in the first person;

    • (c) state the full name of the deponent and, if the deponent is a party or counsel, officer, director, member or employee of a party, state that fact;

    • (d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and

    • (e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations.

  • Marginal note:Contents

    (2) An affidavit shall be confined to a statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except that an affidavit may contain statements of the deponent’s belief with respect to facts that are not contentious, so long as the source or sources of the information and the fact of belief are specified in the affidavit, or unless these rules provide otherwise.

  • Marginal note:Exhibits

    (3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and if the exhibit is

    • (a) referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;

    • (b) referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the clerk for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, and after the appeal period has expired, the exhibit shall be returned to counsel or the party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.02; and

    • (c) a document, a copy shall be served with the affidavit, unless it is impractical to do so.

  • Marginal note:Two or More Deponents

    (4) If an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or Affirmed) by the above-named deponents” may be used.

  • Marginal note:A Corporation

    (5) If these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation.

  • Marginal note:Affidavit by Illiterate or Blind Person

    (6) If it appears to a person before whom an affidavit is sworn or affirmed that a deponent is illiterate or blind, that person shall certify in the jurat that

    • (a) the affidavit was read in his or her presence to the deponent, who seemed to understand it, and

    • (b) the deponent signed the affidavit or placed his or her mark on it in his or her presence,

    and unless it is so certified the affidavit shall not be used without leave of the court.

  • Marginal note:Alterations

    (7) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer.

 

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