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 2Commencement of Proceedings (continued)

Marginal note:Pleadings

  •  (1) All pleadings filed with the court in relation to a proceeding shall use the same heading that appears on the indictment to which the proceeding relates.

  • (2) Notwithstanding subrule (1), if:

    • (a) an indictment charges more than one accused; and

    • (b) there is a disposition so that some but not all of the accused no longer require a trial,

    the names of those accused who no longer require a trial shall be removed from the heading thereafter and the indictment shall be amended accordingly pursuant to section 601 of the Code.

  • (3) In an application made in relation to a proceeding:

    • (a) the heading shall be in accordance with subrules (1) and (2);

    • (b) the party who is bringing the application shall be noted as the “Applicant”; and

    • (c) the party who is responding to the application shall be noted as the “Respondent”.

RULE 3Transferring Proceedings to Another Province

Marginal note:Definitions

 In this Rule,

  • (a) original jurisdiction means the judicial centre in Newfoundland and Labrador in which the case was originally commenced or later transferred; and

  • (b) receiving jurisdiction means the jurisdiction in another province to which a case is transferred.

Marginal note:Consent to Transfer

 If the parties consent to the transfer of a case from the original jurisdiction to another province pursuant to subsection 478(3) of the Code, they shall file with the court a completed Consent to Transfer form in CR Form 3.02.

Marginal note:On Receipt of a Consent to Transfer

  •  (1) If a completed CR Form 3.02 is filed with the court, the Registrar shall immediately send the following documents to the receiving jurisdiction:

    • (a) a certified copy of the indictment;

    • (b) a certified copy of the completed Consent to Transfer form; and

    • (c) any other relevant document.

  • (2) Immediately after sending the documents set out in subrule (1), the Registrar shall remove the case from the docket.

Marginal note:Re-Filing the Indictment in the Original Jurisdiction

  •  (1) Where the matter is not disposed of in the receiving jurisdiction and the prosecutor wishes to re-file the indictment in the original jurisdiction, the prosecutor shall file with the court and serve on every other party a Notice of Re-Filing Original Indictment in CR Form 3.04.

  • (2) The parties shall appear for directions at the first sitting of arraignment court which occurs more than 21 days after the filing of CR Form 3.04.

  • (3) The Notice of Re-Filing Original Indictment must be served on the accused and his or her counsel at least 21 days prior to the sitting of arraignment court noted on the form.

RULE 4Transcripts

Marginal note:Where Transcript not Required

 If the parties agree that a transcript of the preliminary inquiry is not required, or that only part is required, the parties shall immediately notify the Provincial Court by filing a completed CR Form 4.01 with that court.

Marginal note:Expedited Transcript

 In special circumstances, a judge may make an order on application of a party requiring the preparation of a transcript of a preliminary inquiry on an urgent and expedited basis and may set a deadline for filing the transcript with the court.

RULE 5Designation of Counsel

Marginal note:Designation of Counsel

  •  (1) If counsel intends to appear on behalf of an accused at any hearing or appearance pursuant to section 650.01 of the Code, he or she shall file with the court a Designation of Counsel form in CR Form 5.01.

  • (2) Designation of Counsel forms shall be filed separately from all other documents and shall not be attached in any way to any other document.

RULE 6Arraignment Court

Marginal note:Arraignment Court Generally

  •  (1) There shall be a sitting of the court in every judicial centre which shall be designated as arraignment court.

  • (2) Arraignment court shall be convened at least once monthly in the judicial centre of St. John’s except during the months of July and August.

  • (3) In all judicial centres other than St. John’s, arraignment court shall be held on an as-needed basis.

  • (4) A party may request to appear at any sitting of arraignment court by filing a completed CR Form 6.01 with the court and serving a copy of that form on the other parties at least three clear days prior to the day that the parties are to appear in arraignment court.

  • (5) Unless a completed Designation of Counsel form under rule 5.01 has been filed, the accused shall, except as may be otherwise permitted by the Code or ordered by a judge, appear in person in arraignment court.

Marginal note:First Appearance at Arraignment Court

  •  (1) The accused shall make his or her first appearance in arraignment court in relation to a charge on the first sitting of arraignment court which occurs at least 10 days following the day the indictment was filed with the court.

  • (2) At the first appearance of the accused in arraignment court, the judge shall:

    • (a) consider whether a resolution conference is appropriate and, if so:

      • i. set a date; and

      • ii. where appropriate and counsel for the accused consents, make an order requiring the accused to attend the resolution conference;

    • (b) set a date for a pre-trial conference and order that the parties appear at the first sitting of arraignment court which is scheduled to occur at least 14 days following the date set for the pre-trial conference, unless the matter is ordered to be subject to case management;

    • (c) if appropriate, order the matter to be subject to case management pursuant to rules 10.02 to 10.04;

    • (d) if appropriate, set a date for trial; and

    • (e) make any other order the judge considers necessary and appropriate having regard to all the circumstances.

  • (3) The judge may set deadlines for the filing of materials to be used during any hearing or conference that are different from those set out in these Rules.

Marginal note:Subsequent Appearances at Arraignment Court

 Following the first appearance in arraignment court, the parties shall appear in arraignment court as may be directed by a judge or pursuant to a Request to Appear at Arraignment Court under subrule 6.01(4).

Marginal note:Procedure at Arraignment Court

 At arraignment court, the judge may:

  • (a) set hearing dates for applications which have been filed with the court;

  • (b) set dates for resolution conferences and pre-trial conferences;

  • (c) set deadlines for filing documents for use during any hearing or conference;

  • (d) order that the proceeding be subject to case management;

  • (e) set a date for trial;

  • (f) hear short applications that are not required to be heard by the trial judge;

  • (g) set a date for a sentencing hearing;

  • (h) grant leave to file a pre-trial application;

  • (i) set a further date for the accused to appear in arraignment court;

  • (j) take a plea; and

  • (k) make any other order the judge considers necessary and appropriate having regard to all the circumstances.

Marginal note:Role of the Legal Aid Commission

  •  (1) On publication of the arraignment court list, a registry clerk shall provide a copy of that list to the provincial director’s office of the Legal Aid Commission or such other person as may be designated from time to time by that office.

  • (2) The Legal Aid Commission shall cause a representative to appear at each regularly scheduled arraignment court sitting in the judicial centre of St. John’s.

  • (3) The Registrar may request a representative of the Legal Aid Commission to appear at any sitting of arraignment court.

  • (4) Provided that solicitor-client privilege has been waived with respect to issues of representation, the representative of the Legal Aid Commission under subrules (2) and (3) shall appear in arraignment court to:

    • (a) address questions from the judge relating to legal representation of an accused by the Legal Aid Commission, including the status of any legal aid application made by any accused on the arraignment court docket for that day; and

    • (b) take legal aid applications from, and provide information regarding legal aid to, any accused who may be unrepresented.

  • (5) The judge may require an accused who claims to have applied for and/or been granted legal aid to provide all necessary documentation supporting the status of that application.

 
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