Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador (SI/2018-43)

Regulations are current to 2019-06-20 and last amended on 2018-07-01. Previous Versions

Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador

SI/2018-43

CRIMINAL CODE

Registration 2018-06-13

Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador

The Supreme Court of Newfoundland and Labrador, pursuant to subsection 482(1) of the Criminal Code, repeals the Newfoundland Trial Division of the Supreme Court Rules Respecting Pre-Trial Conferences, Can. Reg. SI/86‑80 and hereby makes rules 1 to 9 and 11 to 20 of the annexed Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador, effective July 1, 2018.

The Supreme Court of Newfoundland and Labrador, pursuant to subsection 482.1(1) of the Criminal Code, hereby makes rule 10 of the annexed Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador, effective July 1, 2018.

Raymond P. Whalen
Chief Justice

RULE 1Definitions, Application and Interpretation

Marginal note:Short Title

 These Rules may be cited as the Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador.

Marginal note:Definitions

 In these Rules,

  • (a) application means a proceeding commenced by notice of application whether described in the enabling legislation or another authority as an application or a motion;

  • (b) applicant means the party who files an application;

  • (c) Attorney General means the Attorney General of Canada or the Attorney General of Newfoundland and Labrador, as the case may be, and includes counsel acting for the Attorney General;

  • (d) Charter means the Canadian Charter of Rights and Freedoms;

  • (e) Chief Justice means the Chief Justice of the Supreme Court of Newfoundland and Labrador;

  • (f) Code means the Criminal Code;

  • (g) conference means a resolution conference, a pretrial conference or a case management conference unless otherwise indicated;

  • (h) counsel means a barrister and solicitor, including an agent of that person, who is representing an accused and any other person who has standing in the proceeding;

  • (i) court means the General Division of the Supreme Court of Newfoundland and Labrador and includes a judge;

  • (j) High Sheriff means the person so appointed under the Sheriff’s Act, 1991;

  • (k) judge means a judge of the court unless otherwise specified;

  • (l) judicial centre means, except as may be otherwise provided by order of the Lieutenant-Governor in Council, each of the following locations:

    • (i) Corner Brook;

    • (ii) Gander;

    • (iii) Grand Bank;

    • (iv) Grand Falls-Windsor;

    • (v) Happy Valley/Goose Bay; and

    • (vi) St. John’s;

  • (m) legal aid means professional services provided under the Legal Aid Act;

  • (n) Legal Aid Commission means the Newfoundland and Labrador Legal Aid Commission established by the Legal Aid Act;

  • (o) party means

    • (i) the accused, if the accused is not represented by counsel;

    • (ii) counsel for the accused, if the accused is represented by counsel;

    • (iii) the prosecutor; and

    • (iv) any other party who has standing in the proceeding,

    as the circumstances may require;

  • (p) proceeding means a prosecution, hearing or action instituted in relation to a matter of a criminal nature or an application or proceeding arising from or incidental to any such prosecution, proceeding, hearing or action;

  • (q) prosecutor means an agent who appears on behalf of the Attorney General;

  • (r) Provincial Court means the Provincial Court of Newfoundland and Labrador constituted by the Provincial Court Act, 1991;

  • (s) Registrar means the person designated as Registrar of the Supreme Court by the Chief Executive Officer of the Supreme Court of Newfoundland and Labrador in consultation with the Chief Justice;

  • (t) registry clerk means a clerk, officer, or employee of the court assigned by the Chief Executive Officer of the Supreme Court of Newfoundland and Labrador to carry out the administrative responsibilities set out in these Rules.

  • (u) respondent means a party against whom an application has been made; and

Marginal note:Application of these Rules

  •  (1) These Rules apply to all criminal proceedings within the jurisdiction of the court, other than appeals.

  • (2) Unless otherwise indicated, where an accused is not represented by counsel but acts in person, anything that these Rules require counsel to do shall be done by the accused and anything that these Rules permit counsel to do may be done by the accused.

  • (3) The forms that accompany these Rules shall be used where applicable and with such modifications as the circumstances require.

  • (4) When part of a form that accompanies these Rules is left blank or is omitted by a party, it shall be presumed that the part that is left blank or omitted is not applicable to the proceeding.

  • (5) Where the procedure set out in these Rules is inconsistent with the procedure required by the Code, the procedure in the Code prevails.

Marginal note:Practice Directive

  •  (1) The Chief Justice may, from time to time, issue practice directives consistent with these Rules.

  • (2) Practice directives, and any revisions thereof, shall be signed by the Registrar.

Marginal note:Interpretation

 These Rules shall be liberally construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay while preserving the right of the accused to a fair and timely trial.

Marginal note:Computation of Time

 Where not otherwise specified in the Code or in these Rules, a reference to time in these Rules shall be computed in accordance with the court’s civil rules.

Marginal note:Time Periods

  •  (1) A judge may, in the interests of justice and on such terms as he or she thinks just, extend or abridge the period within which a person is required or authorized by these Rules, or by any order of a judge, to do or abstain from doing any act in a proceeding.

  • (2) A judge may extend any period referred to in subrule (1) even if the application for extension is not made until after the expiration of the period.

Marginal note:Failure to Comply with the Rules

  •  (1) A failure to comply with these Rules or a practice directive is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and a judge may

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

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

  • (2) A judge may, only where and as necessary in the interests of justice, dispense with compliance with any rule or practice directive at any time.

RULE 2Commencement of Proceedings

Marginal note:Commencement of Proceedings

  •  (1) Unless otherwise ordered, criminal proceedings shall be commenced in the judicial centre nearest the place where the cause of the proceeding arose.

  • (2) A proceeding shall be commenced by the filing of an indictment by the Attorney General in accordance with the Code.

  • (3) Upon receipt of an indictment initially filed with the court, a registry clerk shall insert on the originating document a file number and the date of filing.

  • (4) All documents subsequently filed with the court or delivered in the proceeding shall:

    • (a) bear the same file number as the indictment;

    • (b) include the letters “CR” after the file number; and

    • (c) unless otherwise ordered, be filed in the same judicial centre as the indictment.

 
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