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
Rule 1 — Citation, Application and Interpretation
1.01 (1) These rules may be cited as the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings.
(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
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)).
Marginal note:Provincial Court of Newfoundland and Labrador
1.02 (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.
1.03 The following definitions apply in these rules, unless the context otherwise requires.
affidavit means a written statement in Form 2 confirmed by oath, or a solemn affirmation. (affidavit)
applicant means a person who makes an application. (requérant)
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 means the Canadian Charter of Rights and Freedoms. (Chartre)
clerk means the clerk of the court. (greffier)
Code means the Criminal Code. (Code)
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 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 means to serve and file with proof of service, and delivery has a corresponding meaning. (remettre)
document includes a Notice of Application, affidavit or any other material required or permitted to be served and filed under these rules. (document)
hearing means the hearing of an application, motion or preliminary inquiry, or a trial. (audience)
(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)
judge means a judge of the court and includes a justice of the peace when the context requires. (juge)
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 includes a judgment. (ordonnance)
proceeding includes an application, trial, preliminary inquiry or other hearing. (instance)
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 means a person against whom an application is made. (intimé)
statute includes the Code and any other statute passed by the Parliament of Canada to which the Code provisions apply. (loi)
Marginal note:General Principle
1.04 (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
1.05 The interpretation sections of the Code apply to these rules.
1.06 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
2.01 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
2.02 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
(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.
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