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

RULE 15Applications Raising Constitutional Issues (continued)

Marginal note:Intervenors

  •  (1) Any person interested in a proceeding between other parties may, by leave of the judge presiding over that proceeding or by order of a judge, intervene in the proceeding on such terms and conditions and with such rights and privileges as the judge may determine.

  • (2) Unless otherwise ordered, where an intervenor seeks to rely on material other than that filed by the applicant, respondent or any other person granted leave to intervene, the intervenor shall serve on every party and other intervenor and file with the court, together with proof of service, all supporting documentary, affidavit and other material intended to be used at the hearing of the application no later than seven days before the date of the hearing of the application.

  • (3) The brief of an intervenor under rule 15.06 shall be served and filed with the court, together with proof of service, not less than three days before the hearing.

RULE 16Re-Elections

Marginal note:Manner of Re-Election

  •  (1) Where an accused wishes to change his or her election as to the mode of trial, the accused shall give notice of his or her intention to the court and the prosecutor at the earliest possible opportunity by serving and filing with the court, together with proof of service, a completed Notice of Re-Election in CR Form 16.01.

  • (2) A Notice of Re-Election shall be personally signed by the accused and shall contain, where required, the written consent of the prosecutor.

Marginal note:Re-Election to Provincial Court

 Where an accused has filed a Notice of Re-Election in accordance with this Rule, and the mode of trial reelected is by a Provincial Court judge, a registry clerk shall:

  • (a) send to the Provincial Court the materials specified in paragraph 561(3)(b) of the Code;

  • (b) remove the case from the docket of the court; and

  • (c) where the mode of trial before re-election was trial by judge and jury, notify the High Sheriff in writing that no jury selection will be required.

Marginal note:Re-Election to Trial by Judge Alone

 Where an accused has filed a Notice of Re-Election in accordance with this Rule and the mode of trial reelected is by judge alone, a registry clerk shall:

  • (a) endorse the change in mode of trial on the indictment; and

  • (b) notify the High Sheriff in writing that no jury selection will be required.

Marginal note:Re-Election to Trial by Judge and Jury

 Where an accused has filed a Notice of Re-Election in accordance with this Rule and the mode of trial reelected is by judge and jury, or the Attorney General requires pursuant to section 568 of the Code that the accused be tried by a judge and jury, a registry clerk shall:

  • (a) endorse the change in mode of trial on the indictment;

  • (b) place the matter on the next arraignment court list in order to address:

    • (i) the scheduling or re-scheduling of the trial;

    • (ii) issues respecting jury selection including the possibility of any challenge for cause; and

    • (iii) any orders regarding the summoning of jurors for selection;

  • (c) notify the parties of the appearance in arraignment court set under clause (b); and

  • (d) notify the High Sheriff in writing that jury selection will be required.

Marginal note:Appearance by Accused on Re-Election

  •  (1) Notwithstanding anything in this Rule, a judge may require an accused who has indicated an intention to re-elect the mode of trial to appear in person to make his or her re-election.

  • (2) Where an accused appears in person to make a reelection, the presiding judge

    • (a) may make inquiries of the accused to satisfy the judge that the accused understands the implications of the re-election and has been fully advised concerning the re-election; and

    • (b) shall put the accused formally to his or her reelection in the following words or in words to like effect:

      “You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?”

RULE 17Challenges for Cause

Marginal note:Challenge for General Lack of Indifference

  •  (1) Where an accused is aware of circumstances which might reasonably give rise to an application pursuant to paragraph 638(1)(b) of the Code to challenge for cause every member of a jury panel on the basis of a general lack of indifference, the accused shall:

    • (a) give informal notice to the prosecutor as soon as reasonably practicable of those circumstances; and

    • (b) raise the issue at the pre-trial conference held pursuant to section 625.1 of the Code, propose the questions to be put to each juror, and attempt to reach agreement with the prosecutor on the necessity and details of a challenge for cause procedure, including questions to be posed to prospective jurors.

  • (2) Where at or before the pre-trial conference the accused and the prosecutor reach agreement on the necessity for, and the details of, a challenge for cause procedure, the pre-trial conference judge may make an order to that effect directing the High Sheriff to summon sufficient panels of jurors to accommodate the challenge for cause.

  • (3) Where by the time of the pre-trial conference the accused and the prosecutor have been unable to agree on the necessity for, or the details of, a challenge for cause procedure:

    • (a) the pre-trial conference judge shall set a time, not later than 30 days following the date of the pre-trial conference, for the filing of an application pursuant to paragraph 638(1)(b) of the Code to determine the challenge for cause issue and may set deadlines for the filing of other materials by the parties; and

    • (b) the accused shall serve and file with the court, together with proof of service, a Notice of Application in CR Form 11.02 in accordance with the schedule so established.

Marginal note:Application

  •  (1) An application to challenge every member of a jury panel on the basis of indifference pursuant to paragraph 638(1)(b) of the Code shall include:

    • (a) an affidavit by or on behalf of the applicant setting out the particulars of the grounds for the challenge; and

    • (b) the proposed questions to be put to each prospective juror.

  • (2) The application shall be heard by the trial judge who may hold the hearing prior to the jury panel being summoned.

  • (3) Where an application is filed under this Rule, the Chief Justice shall designate a judge to be the trial judge.

Marginal note:Questions

 If the application is granted, the judge shall by order specify the form and content of each question to be put to each prospective juror and who shall ask the questions.

Marginal note:Leave to File Application to Challenge for Cause

  •  (1) A judge may grant leave to file an application pertaining to challenge for cause in accordance with this Rule where a proper explanation for not having made an earlier application is given and good reason is shown that the fair trial of the accused requires consideration of such an application.

  • (2) Where leave is granted, the judge may:

    • (a) set the time for filing and service of the application;

    • (b) set deadlines for the filing by the parties of other materials in relation to the application; and

    • (c) give directions respecting the timing of summoning prospective jurors and the scheduling of the trial.

RULE 18Applications for Certiorari, Habeas Corpus, Mandamus and Prohibition

Marginal note:Authority and Official Version

 Applications for certiorari, habeas corpus, mandamus and prohibition are governed by the Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition, SI/2000-33.

Marginal note:Notice of Application for an Order in the Nature of Certiorari

 A notice of Application for an Order in the Nature of Certiorari shall be in CR Form 18.02.

Marginal note:Return of Documents

 The return of the record under s. 10 of the Supreme Court of Newfoundland and Labrador, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition shall be accompanied by CR Form 18.03.

Marginal note:Habeas Corpus Order

 An order for habeas corpus may be issued in CR Form 18.04.

 
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