Part I: General Matters [Rules 1‑19]

Rule 1 Citation, Application and Interpretation

Citation

Short Title

• 1.01 (1) These rules may be cited as the Criminal Proceedings Rules.

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)).

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 l.01(2)(c), rule 1.01(2)(c)(iii)).

Application of Rules

Ontario Court (General Division)

• 1.02 (1) These rules are enacted pursuant to subsection 482(1) of the Code and apply to prosecutions, proceedings, applications and appeals, as the case may be, within the jurisdiction of the Ontario Court (General Division), instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, application or appeal.

Parole Ineligibility Review Hearings

• (2) Rule 50 which will be attached to these rules for administrative purposes is enacted by the Chief Justice of the Ontario Court in accordance with subsection 745(5) of the Code.

Transitional Provisions

• (3) These rules come into force on May 11, 1992.

• (4) The following are repealed:

  • 1. Part I of the Rules Respecting Criminal Proceedings, SI/85-152, Canada Gazette Part II, August 21, 1985 as amended;

  • 2. Ontario Supreme Court Rules Respecting Pre-hearing Conferences in Criminal Matters, SI/86-145, Canada Gazette Part II, August 20, 1986;

  • 3. Ontario District Court Rules Respecting Pre-hearing Conferences in Criminal Matters, SI/86-214, Canada Gazette Part II, December 24, 1986; and

  • 4. Ontario County and District Court Judges’ Criminal Courts Summary Conviction Appeal Rules, SI/77-213, Canada Gazette Part II, November 9, 1977.

Definitions

1.03 In these rules, unless the context otherwise requires,

affidavit

affidavit means a written statement in Form 4 confirmed by oath, or a solemn affirmation; (affidavit)

appellant

appellant means a person who brings an appeal; (appelant)

applicant

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

application

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

Charter

Charter means the Canadian Charter of Rights and Freedoms; (Charte)

Code

Code means Criminal Code; (Code)

county

county includes a district or a regional, district or metropolitan municipality; (comté)

court

court means the Ontario Court (General Division) in the county or district in which a proceeding is pending or being heard, as the case may be; (tribunal)

court office

court office means the office of the registrar in the county, district or group of counties in which the proceeding is commenced; (greffe)

deliver

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

document

document includes a notice of application, notice of appeal, supplementary notice of appeal, 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, reference, appeal or assessment of costs, or a trial; (audience)

holiday

holiday means,

• (i) any Saturday or Sunday,

• (ii) New Year’s Day,

• (iii) Good Friday,

• (iv) Easter Monday,

• (v) Victoria Day,

• (vi) Canada Day,

• (vii) Civic Holiday,

• (viii) Labour Day,

• (ix) Thanksgiving Day,

• (x) Remembrance Day,

• (xi) Christmas Day,

• (xii) Boxing Day, and

• (xiii) any special holiday proclaimed by the Governor General or the Lieutenant Governor, and

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

indictment

indictment includes an information; (acte d’accusation)

judge

judge means a judge of the court; (juge)

judgment

judgment means a decision that finally disposes of an application, trial, appeal 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)

originating process

originating process includes a notice of application and notice of appeal; (acte introductif d’instance)

proceeding

proceeding includes a trial, application, appeal or other hearing; (instance)

prosecutor

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

registrar

registrar means the Registrar of the Ontario Court (General Division), or a local registrar of the Ontario Court (General Division), as the circumstances may require; (greffier)

region

region means a region described in Ontario Regulation 705/89; (région)

respondent

respondent means a person against whom an application is made or an appeal is brought, as the circumstances may require; (intimé)

solicitor

solicitor means a barrister and solicitor entitled to practise in the Province of Ontario; (avocat)

solicitor of record

solicitor of record means the solicitor who represents or represented the accused in the proceedings that are the subject of the application or the appeal; (procureur)

statute

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

Interpretation

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.

Matters Not Provided For

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

Party Acting in Person

• (3) Where an accused is not represented by a solicitor but acts in person, anything that these rules require or permit a solicitor to do shall be done by the accused.

Application of Code Provisions

1.05 The interpretation sections of the Code apply to these rules.

Forms

1.06 The forms prescribed in the Appendix of Forms shall be used where 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 and 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 such terms as are just, to secure the just determination of the real matters in dispute; or

• (b) only where 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 where and as necessary in the interests of justice, dispense with compliance with any rule at any time.

Rule 3 Time

Computation

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

  • (a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;

  • (b) where a period of less than 7 days is prescribed, holidays shall not be counted;

  • (c) where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and

  • (d) service of a document, other than an originating process, 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) Where 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

General Powers of Court

• 3.02 (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.

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 of the court may direct.

Rule 4 Court Documents

Format

4.01 Every document in a proceeding shall be of good quality paper 216 millimetres by 279 millimetres in size and the text shall be printed, typewritten, written or reproduced legibly on one side only with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side.

Contents

General Heading

• 4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 1 (applications) or 2 (appeals) that sets out,

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

  • (b) the title of the proceeding in accordance with rule 6 (application) or rule 40 (appeal), but in a document other than an originating process, record, order or report, where 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.

Body of Document

• (2) Every document in a proceeding shall contain,

  • (a) the title of the document;

  • (b) its date;

  • (c) where the document is filed by a party and not issued by a registrar or is an originating process, the name, address and telephone number of the solicitor filing the document or, where a party acts in person, his or her name, address for service and telephone number; and

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

Backsheet

• (3) Every document in a proceeding shall have a backsheet in accordance with Form 3 that sets out,

  • (a) the short title of the proceeding;

  • (b) the name of the court and the court file number;

  • (c) in the case of an affidavit, the deponent’s name and the date when he or she swore or affirmed it;

  • (d) the location of the court office in which the proceeding was commenced;

  • (e) the title of the document; and

  • (f) the name, address and telephone number of the solicitor serving or filing the document or, where a party acts in person, his or her name, address for service and telephone number.

Certified Copies of Court Documents

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

Notice to be in Writing

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

Filing of Documents

Place of Filing

• 4.05 (1) All documents required to be filed in a proceeding shall be filed in the court office in which the proceeding was commenced, except where they are filed in the course of a hearing or where 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 in the place where the hearing is to be held.

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 the prescribed fee.

Date of Filing where Filed by Mail

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

Where Document Filed by Mail not Received

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

Affidavits

Format

• 4.06 (1) An affidavit used in a proceeding shall,

  • (a) be in Form 4;

  • (b) be expressed in the first person;

  • (c) state the full name of the deponent and, if the deponent is a party or a solicitor, officer, director, member or employee of a party, shall 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.

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 information and belief with respect to facts that are not contentious, provided that the source(s) of the information and the fact of belief are specified in the affidavit, or except where these rules provide otherwise.

Exhibits

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

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

  • (b) is 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 registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the solicitor or party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.02; and

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

By Two or More Deponents

• (4) Where 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.

For a Corporation

• (5) Where 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.

Alterations

• (6) 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.

Binding of Records, Appeal Books and Transcripts

• 4.07 (1) Application records shall have a light blue backsheet of l76g/m² weight cover stock.

• (2) Transcripts of evidence for use on an application, at trial or on appeal shall have a red backsheet of l76g/m² weight cover stock.

• (3) Appeal books shall be bound front and back in buff l76g/m² weight cover stock.

• (4) Transcripts of evidence for use in an appeal shall be bound front and back in red l76g/m² weight cover stock, except where the transcript forms part of the appeal book or record, and where there is more than one volume of transcripts, the volumes shall be clearly numbered.

Transcripts

Paper Size

• 4.08 (1) Evidence shall be transcribed on paper 216 millimetres by 279 millimetres in size with a margin 25 millimetres wide on the left side delimited by a vertical line.

Heading

• (2) The name of the court or, in the case of an examiner, the examiner’s name, title and location shall be stated on a single line no more than 15 millimetres from the top of the first page.

Standards

• (3) The text shall be typewritten on thirty-two lines numbered in the margin at every fifth line.

• (4) Headings, such as swearing of a witness, direct examination and cross-examination, shall be capitalized and separated from the preceding text by the space of a numbered line, and the number of lines of text on the page may be reduced by one for each heading that appears on the page.

• (5) Every question shall commence on a new line and shall begin with the designation “Q.”, followed, within 10 millimetres, by the question.

• (6) Every answer shall commence on a new line and shall begin with the designation “A.”, followed, within 10 millimetres, by the answer.

• (7) The first line of a question or answer shall be indented 35 millimetres from the margin and shall be 130 millimetres in length.

• (8) In a transcript of evidence taken in court, every line of a question or answer, other than the first line, shall begin at the margin and shall be 165 millimetres in length.

• (9) In a transcript of evidence taken out of court, every line of a question or answer, other than the first line, shall begin 15 millimetres from the margin and shall be 150 millimetres in length, and questions shall be numbered consecutively by means of a number placed in the 15 millimetres to the right of the margin.

• (10) Lines of text other than questions and answers shall be indented 35 millimetres from the margin and shall be 130 millimetres in length.

• (11) Every transcript of evidence taken in or out of court shall have,

  • (a) a cover page setting out,

    • (i) the court,

    • (ii) the title of the proceeding,

    • (iii) the nature of the hearing or examination,

    • (iv) the place and date of the hearing or examination,

    • (v) the name of the presiding judge or officer, and

    • (vi) the names of the solicitors; and

  • (b) a table of contents setting out,

    • (i) the name of each witness with the page number at which the examination, cross-examination and re-examination of the witness commence,

    • (ii) the page number at which the charge to the jury, the objections to the charge and the re-charge commence,

    • (iii) the page number at which the reasons for judgment commence,

    • (iv) a list of the exhibits with the page number at which they were made exhibits, and

    • (v) at the foot of the page, the date the transcript was ordered, the date it was completed and the date the parties were notified of its completion.

Transmission of Documents

• 4.09 (1) Where documents filed with the court or exhibits in the custody of an officer are required for use at another location, the registrar shall send them to the registrar at the other location on a party’s requisition in Form 22, on payment of the prescribed fee.

• (2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the registrar, after the completion of the hearing, to the registrar at the court office where the proceeding was commenced.

Notice of Constitutional Issue

4.10 Where an issue is raised as to the constitutionality of a statutory provision or rule of law, the party raising the issue shall serve a notice of constitutional issue in Form 5.

Rule 5 Service of Documents

General Rules for Manner of Service

Notices of Application

• 5.01 (1) A notice of application that includes an application for prohibition shall be served personally on the court, judge, justice, coroner or other person who issued the subpoena or warrant, conducted the inquisition or made the other order or determination or the person in charge of the place where the applicant or respondent is in custody.

• (2) A notice of application that includes an application to quash a warrant, conviction, order or determination, other than a subpoena or warrant to compel the attendance of a witness, and that bears the endorsement set out in rule 43.03 shall be served upon the Court Services Manager,

  • (a) by mailing a copy to the Court Services Manager’s office;

  • (b) by leaving a copy of such notice of application at the office of the Court Services Manager; or

  • (c) by telephone transmission of a facsimile of the document, in which case the provisions of subrule 5.05(3) apply, mutatis mutandis.

Notices of Appeal

• (3) Where the appellant is the Attorney General, his or her agent, or was the informant or any party other than the defendant (accused) in proceedings before the trial court, the notice of appeal shall be served personally on each person in respect of whom an appeal is brought against an acquittal, order of dismissal of or staying proceedings on an information, sentence or other final order or other determination, as the case may be.

All Other Documents

• (4) No other notice of application, notice of appeal or other document need be served personally, or by an alternative to personal service, unless these Rules or an order of the court requires personal service or an alternative to personal service.

• (5) Any document that is not required to be served personally or by an alternative to personal service,

  • (a) shall be served on a party who has a solicitor of record by serving the solicitor in a manner provided in rule 5.05;

  • (b) may be served on a party acting in person or on a person who is not a party,

    • (i) by mailing a copy of the document to the last address for service provided by the party or person or, if no such address has been provided, to the party’s or person’s last known address, or

    • (ii) by personal service or by an alternative to personal service.

Personal Service

• 5.02 (1) Where a document is to be served personally, the service shall be made

  Individual

  • (a) on an individual, other than a person under disability, by leaving a copy of the document with the individual;

  Corporation

  • (b) on any corporation, by leaving a copy of the document with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to be in control or management of the place of business;

  Judge or Justice

  • (c) on any judge or justice, by leaving a copy of the document with the judge or justice, or with a person in charge of the court office in the region, district, county or group of counties where the adjudication was made;

  Attorney General of Canada

  • (d) on the Attorney General of Canada, by leaving a copy of the document with the regional office of the Attorney General of Canada at Toronto, the office of the Attorney General of Canada at Ottawa or the office of the prosecutor retained by the Attorney General of Canada having carriage of the proceedings; and,

  Attorney General of Ontario

  • (e) on the Attorney General of Ontario, by leaving a copy of the document at the office of the Crown Attorney in the region, district, county or group of counties where the adjudication was made, or at the Crown Law Office (Criminal Law) of the Ministry of the Attorney General.

• (2) A person effecting personal service of a document need not produce the original document or have it in his or her possession.

Alternatives to Personal Service

Where Available

• 5.03 (1) Where these rules or an order of the court permit service by an alternative to personal service, service shall be made in accordance with this rule.

Acceptance of Service by Solicitor

• (2) Service on a party who has a solicitor may be made by leaving a copy of the document with the solicitor, or an employee in the solicitor’s office, but service under this subrule is effective only if the solicitor endorses on the document or a copy of it an acceptance of service and the date of acceptance.

• (3) By accepting service the solicitor shall be deemed to represent to the court that the solicitor has the authority of his or her client to accept service.

Service by Mail to Last Known Address

• (4) Service of a document may be made by sending a copy of the document together with an acknowledgment of receipt card (Form 6) by mail to the last known address of the person to be served, but service by mail under this subrule is effective,

  • (a) only if the acknowledgment of receipt card or a post office receipt bearing a signature that purports to be the signature of the person to be served is received by the sender; and

  • (b) on the date on which the sender first receives either receipt, signed as provided by clause (a).

Service at Place of Residence

• (5) Where an attempt is made to effect personal service at a person’s place of residence and for any reason personal service cannot be effected, the document may be served by,

  • (a) leaving a copy, in a sealed envelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household; and

  • (b) on the same day or the following day mailing another copy of the document to the person at the place of residence,

  and service in this manner is effective on the fifth day after the document is mailed.

Service on a Corporation

• (6) Where the head office or principal place of business of a corporation cannot be found at the last address recorded with the Ministry of Consumer and Commercial Relations, service may be made on the corporation by mailing a copy of the document to the corporation at that address.

Substituted Service or Dispensing with Service

Where Order May be Made

• 5.04 (1) Where it appears to the court that it is impractical for any reason to effect prompt personal service of a notice of application, notice of appeal or any other document required to be served personally or by an alternative to personal service under these rules, the court may make an order for substituted service or, where necessary in the interests of justice, may dispense with service.

Effective Date of Service

• (2) In an order for substituted service, the court shall specify when service in accordance with the order is effective.

• (3) Where an order is made dispensing with service of a document, the document shall be deemed to have been served on the date of the order for the purpose of the computation of time under these rules.

Service on Solicitor of Record

• 5.05 (1) Service of a document on the solicitor of record of a party may be made,

  • (a) by mailing a copy to the solicitor’s office;

  • (b) by leaving a copy with a solicitor or employee in the solicitor’s office;

  • (c) by depositing a copy at a document exchange of which the solicitor is a member or subscriber, but service under this clause is effective only if the document or a copy of it and the copy deposited are date stamped by the document exchange in the presence of the person depositing the copy; or

  • (d) by telephone transmission of a facsimile of the document in accordance with subrule (3).

• (2) Service of a document by depositing a copy at a document exchange under clause (1)(c) is effective on the day following the day on which it was deposited and date stamped, unless that following day is a holiday, in which case service is effective on the next day that is not a holiday.

• (3) A document that is served by telephone transmission shall include a cover page indicating,

  • (a) the sender’s name, address and telephone number;

  • (b) the name of the solicitor of record to be served;

  • (c) the date and time of transmission;

  • (d) the total number of pages transmitted, including the cover page;

  • (e) the telephone number from which the document is transmitted; and

  • (f) the name and telephone number of a person to contact in the event of transmission problems.

Service by Mail

Manner of Service

• 5.06 (1) Where a document is to be served by mail under these rules, a copy of the document shall be sent by prepaid first class mail or by registered or certified mail.

Effective Date

• (2) Service of a document by mail, except under subrule 5.03(4), is effective on the fifth day after the document is mailed.

Where Document Does Not Reach Person Served

5.07 Even though a person has been served with a document in accordance with these rules, the person may show on a motion to set aside the consequences of default, for an extension of time or in support of a request for an adjournment, that the document,

• (a) did not come to his or her notice; or

• (b) came to his or her notice only at some time later than when it was served or is deemed to have been served.

Validating Service

5.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that,

• (a) the document came to the notice of the person to be served; or

• (b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.

Proof of Service

Affidavit of Service

• 5.09 (1) Service of a document may be proved by an affidavit of the person who served it in Form 7.

Sheriff’s Certificate

• (2) Personal service or service under subrule 5.03(4) (service at place of residence) of a document by a sheriff or sheriff’s officer may be proved by a certificate of service in Form 8.

Solicitor’s of Record Admission or Acceptance

• (3) A solicitor of record’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.

Document Exchange

• (4) Service of a document under clause 5.05(1)(c) (document exchange) may be proved by the date stamp on the document or a copy of it.

Rule 6 Applications

Application of the Rule

• 6.01 (1) Where the Code or other federal enactment to which the procedural provisions of the Code apply, authorizes, permits or requires that an application or motion be made to or an order or determination be made by a judge of or presiding in the superior court of criminal jurisdiction, or a judge as defined in s. 552 of the Code, other than a judge presiding at trial upon an indictment, the application shall be commenced by a notice of application in Form 1.

• (2) Rules 6.01 to 6.15 apply to all proceedings commenced by a notice of application, except where otherwise expressly provided by these Rules or as otherwise ordered by a judge of the court in accordance with rule 2.02.

Applications — To Whom to be Made

6.02 An application shall be made to a judge of the court in the county, district or region in which the trial of the indictment to which the proceedings relate is being or is to be held, unless otherwise directed, in accordance with rule 2.02, by the Chief Justice or a judge of the court, designated by him, or unless otherwise provided by these rules.

Content of Notice

• 6.03 (1) Every notice of application in Form 1 shall state

  • (a) the place and date of hearing in accordance with Rule 6.02 and any other rule relating thereto;

  • (b) the precise relief sought;

  • (c) the grounds to be argued, including a reference to any statutory provision or rule to be relied upon;

  • (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and,

  • (e) whether any order is required abridging or extending the time for service or filing of the notice of application or supporting materials required under these rules.

Service of Notice

Generally

• 6.04 (1) The notice of application shall be served on all parties and, where there is uncertainty whether anyone else should be served, the applicant may make a motion without notice to a judge for an order for directions.

Minimum Notice Period

• (2) Except where otherwise expressly provided by the Code or these rules, or as ordered by a judge of the court in accordance with rule 2.02, the notice of application shall be served at least 15 days before the date of the hearing of the application.

Filing Proof of Service

• (3) Except where otherwise expressly provided by the Code or these rules, or except as ordered by a judge of the court in accordance with rule 2.02, the notice of application shall be filed with proof of service not later than 10 days before the commencement of the week in which the application shall be heard, in the court office in the place where the application is to be heard.

Material for Use on Applications

Application Record and Factum

• 6.05 (1) The applicant shall,

  • (a) serve an application record, together with a factum prepared in accordance with rule 6.07, at least 15 days before the hearing, on every respondent; and

  • (b) file the application record and factum, with proof of service, not later than 10 days before the commencement of the week in which the application shall be heard, in the court office in the place where the application is to be heard.

• (2) The applicant’s application record shall contain, in consecutively numbered pages arranged in the following order,

  • (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

  • (b) a copy of the notice of application;

  • (c) a copy of the indictment to which the application relates;

  • (d) a copy of all affidavits and other material served by the applicant and any party other than the respondent for use on the application;

  • (e) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and

  • (f) a copy of any other material in the court file that is necessary for the hearing of the application.

Respondent’s Application Record and Factum

• (3) The respondent shall serve on every other party a factum prepared in accordance with rule 6.08 and may, where the respondent is of the opinion that the application record is incomplete, serve on every other party a respondent’s application record containing, in consecutively numbered pages arranged in the following order,

  • (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and

  • (b) a copy of any material to be used by the respondent on the application and not included in the application record,

  and the respondent’s factum and application record shall be filed, with proof of service, in the court office where the application is to be heard, not later than 5 days before the commencement of the week in which the application is to be heard.

Dispensing with Record and Factum

• (4) Where and as necessary in the interests of justice, a judge before or at the hearing of the application, may dispense with compliance with this rule in whole or in part.

Documents May be Filed as Part of Record

• (5) Any documents served by a party for use on an application may be filed, together with proof of service, as part of the party’s application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material.

Transcript of Evidence

• (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 4.08.

Factums

Application of the Rule

• 6.06 (1) Except where otherwise provided by these Rules or as otherwise ordered by a judge of the court in accordance with rule 2.02, this rule and rules 6.07 to 6.09 apply with necessary modifications to all applications.

General Requirement

• (2) Except where otherwise ordered by a judge of the court under subrule 6.05(4), in all cases in which factums are required, all parties to an application and persons who have been granted the right to be heard shall deliver a factum, to be entitled and described on its cover as “Applicant’s Factum”, “Respondent’s Factum” or “Intervenor’s Factum”, or as the case may be.

Signatures on Factums

• (3) All factums shall be signed by a solicitor or on a solicitor’s behalf by someone specifically authorized to do so or, where a party is unrepresented, by the applicant or respondent, as the case may be, and the signature shall be followed, where applicable, by the typed name of the solicitor.

Applicant’s Factum

Filing and Service

• 6.07 (1) Every applicant shall prepare an “Applicant’s Factum” and shall file in the court office in the place where the application is to be heard one copy with proof of service thereof on all other parties and persons who have been granted the right to be heard in the proceeding.

Time for Delivery

• (2) The factum prepared on behalf of the applicant shall be served and filed in accordance with rule 6.05.

Contents

• (3) The applicant’s factum shall consist of:

  • (a) Part I, entitled “Statement of the Case”, which shall contain a statement identifying the applicant, the court in which the proceeding arises, the nature of the charge or charges, the result in that court and the nature of each order to which the application relates;

  • (b) Part II, entitled “Summary of the Facts”, which shall contain a concise summary of the facts relevant to the issues on the application, with such references to the transcript of evidence by page and line, or paragraph, as the case may be, as may be necessary;

  • (c) Part III, entitled “Issues and the Law”, which shall contain a statement of each issue raised, immediately followed by a concise statement of the law and any authorities relating to that issue;

  • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; and,

  • (e) A schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) to which reference was made in Part III and in the order in which they there appear

  in paragraphs numbered consecutively throughout the factum.

Respondent’s Factum

Filing and Service

• 6.08 (1) Every respondent shall prepare a “Respondent’s Factum” and shall file in the court office in the place where the application is to be heard one copy with proof of service thereof on all other parties and persons who have been granted the right to be heard in the proceedings.

Time for Delivery

• (2) The respondent’s factum shall be delivered to the court office where the application is to be heard within 7 days after service of the applicant’s factum, with proof of service on all other parties and persons who have been granted the right to be heard in the proceedings, and not less than 3 days before the week in which the application is scheduled to be heard.

Contents

• (3) The respondent’s factum shall consist of:

  • (a) Part I, entitled “Respondent’s Statement as to Facts”, which shall contain a statement of the facts in Part II of the applicant’s factum that the respondent accepts as correct or substantially correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with such reference to the transcripts of the evidence by page and line or paragraph, as the case may be, as is necessary;

  • (b) Part II, entitled “Response to Applicant’s Issues”, which shall contain the position of the respondent with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue;

  • (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the respondent, immediately followed by a concise statement of the law and the authorities relating to that issue;

  • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; and,

  • (e) a schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III.

  in paragraphs numbered consecutively throughout the factum.

Intervenor’s Factum

Filing and Service

• 6.09 (1) Every intervenor shall prepare an “Intervenor’s Factum” and shall file in the court office in the place where the application is to be heard one copy with proof of service thereof on all other parties and persons who have been granted the right to be heard in the proceedings.

Time for Delivery

• (2) The intervenor’s factum shall be delivered to the court office in the place where the application is to be heard within 3 days after service of the respondent’s factum, with proof of service on all other parties and persons who have been granted the right to be heard in the proceedings, and not less than 3 days before the week in which the application is scheduled to be heard.

Contents

• (3) The intervenor’s factum shall consist of:

  • (a) Part I, entitled “Intervenor’s Statement as to Facts”, which shall contain a statement of the facts in Part II of the applicant’s factum that the intervenor accepts as correct or substantially correct and those facts with which the intervenor disagrees and a concise summary of any additional facts relied on, with such reference to the transcripts of evidence by page and line or paragraph, as the case may be, as is necessary;

  • (b) Part II, entitled “Response to Applicant’s Issues”, which shall contain the position of the intervenor with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue;

  • (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the intervenor, immediately followed by a concise statement of the law and the authorities relating to that issue;

  • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; and,

  • (e) a schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III.

  in paragraphs numbered consecutively throughout the factum.

The Hearing of Applications

Place of Hearing

• 6.10 (1) An application shall be heard and determined by a judge of the court in the county or district in which the trial of the matter to which the application (proceeding) relate is being or is to be held, unless otherwise directed by the Chief Justice or a judge of the court designated by him, in accordance with rule 2.02.

Date of Hearing

• (2) In accordance with the direction of the Chief Justice or the Regional Senior Justice in the region in which the proceeding arise, or a direction given by a judge of the court in the county or district in which the proceedings arise as a term of an order made by him or her relating to the conduct of the application, the Registrar shall determine the week in which applications ready for hearing will be heard, notify solicitors or parties, as the case may be, and fix the date of hearing, giving notice to each solicitor or party.

Evidence on Applications

Evidence by Affidavit

General Rule

• 6.11 (1) Evidence on an application may be given by affidavit in Form 4 and in accordance with rule 4.06, unless the Code or other applicable statute provides or a judge of the court orders otherwise in accordance with rule 2.02.

Service and Filing

• (2) Where an application is made on notice, the affidavits on which the application is founded shall be served with the notice of application and shall be filed with proof of service in the court office in the place where the motion or application is to be heard in accordance with clause 6.05(1)(b).

• (3) All affidavits to be used at the hearing in opposition to an application or in reply shall be served and filed with proof of service in the court office in the place where the application is to be heard in accordance with subrule 6.05(3).

Cross-Examination on Affidavit

• (4) Subject to the Code and any other applicable statute or rule of law, an affiant may be cross-examined on his or her affidavit either at the office of a special examiner in sufficient time in advance of the return date of the application to permit a transcript of the cross-examination to be filed with the clerk prior to the return date of the application, or before the judge presiding on the hearing of the application.

Evidence by Examination of Witnesses

6.12 Subject to the Code and any other applicable statute or rule of law, a witness may be examined or cross-examined upon the hearing of an application with leave of the presiding judge, and nothing in these rules shall be construed to affect the authority of a judge hearing an application to receive evidence through the examination of witnesses.

Use of Agreed Statement of Facts

6.13 A judge, before or upon the hearing of the application, may dispense with the filing of any transcript(s) or affidavit(s) required in these rules and act upon a statement of facts agreed upon by the prosecutor and the accused person or his solicitor of record.

Abandonment of Applications

Notice

• 6.14 (1) Where an applicant desires to abandon his or her application, he or she shall serve, in any manner provided by rule 5, a notice of abandonment in Form 9, signed by the solicitor of record in the application, or by the applicant (in which case the signature shall be verified by affidavit, solemn declaration or witnessed by a solicitor or an officer of the institution in which the applicant is confined).

Dismissal as Abandoned

• (2) A judge of the court in chambers may thereupon dismiss the application as an abandoned application, without the attendance of the solicitor of record or the applicant.

Dismissal for Failure to Appear

• (3) An applicant who fails to appear at the hearing (of an application) shall be deemed to have wholly abandoned the application, unless the court orders otherwise in accordance with rule 2.02.

Dismissal on Reference or Application

Notice by the Registrar

• 6.15 (1) Where it appears to the Registrar that a notice of application does not show a substantial ground for the order sought, the Registrar may refer the matter to a judge of the court for summary determination, and, where a matter is referred under this rule, a judge may, if he considers that the application is frivolous or vexatious and can be determined without a full hearing, dismiss the application summarily, without calling upon any person to appear for the respondent.

Application by Respondent

• (2) Upon application by the respondent that a notice of application does not show a substantial ground for the order sought, a judge of the court may, if he considers that the matter is frivolous or vexatious and can be determined without a full hearing, dismiss the application summarily and cause the applicant to be advised accordingly.

Rule 7 Practice Directions

Power to Issue Practice Directions

7.01 The Chief Justice of the Ontario Court may from time to time issue practice directions not inconsistent with these rules, in relation to the supervision and direction of the sittings and the assignment of judicial duties and if issued, such directions may be made applicable to any or all regions.

Part II: Pre-Trial Proceedings [Rules 20‑29]

Rule 20 Judicial Interim Release and Review Applications [Code, ss. 520(1), (8); 521(1), (9); 522(1); 523(2)(c)(ii), (3)]

Application of Rule

20.01 This rule applies to applications

• (a) by an accused under subsections 520(1) and (8) and 522(1) of the Code;

• (b) by the prosecutor under subsections 521(1) and (9) of the Code; and,

• (c) by an accused or the prosecutor at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code.

To Whom Made

20.02 Applications under rule 20.01 shall be made to a judge of the court in the county, district or region in which the accused is to be tried on the indictment to which the application relates.

Contents of Notice

• 20.03 (1) The notice of application in Form 1 shall also state whether the accused is to be present at the hearing of the application.

• (2) Where the notice of application in Form 1 states that the accused is to be present at the hearing of the application, the application shall be accompanied by an affidavit which shall contain

  • (a) a statement as to the place of confinement at which the accused is presently incarcerated;

  • (b) particulars of the date upon which the hearing of the application is anticipated to take place, together with a statement of whether the anticipated hearing date conflicts with any other proceedings in relation to the accused person;

  • (c) a statement of the accused’s intention to be present at the hearing of the application; and,

  • (d) a statement as to the name of the police force or police officer into whose custody it is proposed that the accused be transferred for the purpose of effecting the accused’s attendance at the hearing of the application,

  together with a draft order in Form 13A, and a judge may grant an order requiring that the accused be present at the hearing of the application ex parte and without the attendance of a solicitor of record.

Service of Notice

General Rule

• 20.04 (1) The notice of application under rule 20.03 and supporting materials under rule 20.05 shall be served on the accused or prosecutor, as the case may be, in accordance with rule 5, at least 2 clear days prior to the date fixed for the hearing of the application, unless under s. 520(2) of the Code, the prosecutor otherwise consents.

Manner of Service

• (2) Service of the notice of application and supporting materials shall be made in accordance with rule 5.

Filing with Proof of Service

• (3) The notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 1 day before the date fixed for the hearing of the application.

Materials for Use on Application

Materials to be Filed

• 20.05 (1) The notice of application in Form 1 under rule 20.03 shall be accompanied by

  • (a) where the applicant is the accused, the affidavit of the applicant, in accordance with rule 4.06, containing the matters required under subrule (2);

  • (b) where the applicant is the accused and it is practicable to do so, the affidavit of the current or prospective employer by whom it is proposed that the accused be employed upon released;

  • (c) where the applicant is the accused and it is practicable to do so, the affidavit of any person whom it is proposed shall serve as a surety for the accused, if released, disclosing his or her willingness to serve as a surety and the amount for which each is to be liable;

  • (d) where the applicant seeks to review an order earlier made, a transcript of the proceedings on the judicial interim release hearing under section 515 or 522 of the Code, as the case may be, and of previous review proceedings, if any, taken before a justice or judge; and,

  • (e) a legible copy of any exhibits, capable of reproduction, which were filed on the judicial interim release hearing and in any previous review proceedings.

Affidavit of the Applicant

• (2) The affidavit of the applicant required by subrule (1)(a) shall disclose

  • (a) the particulars of the charge on which release is sought and any other charge outstanding against the applicant, together with the date or dates scheduled for trial or preliminary inquiry in respect of such charges;

  • (b) the applicant’s places of abode in the 3 years preceding the date of the offence charged and in respect of which release is sought, together with the place where the applicant proposes to reside if released;

  • (c) the applicant’s employment in the 3 years preceding the date of the offence charged in respect of which release is sought, together with whether and where the applicant expects to be employed upon release;

  • (d) the form of order upon which the applicant proposes that release be granted;

  • (e) where the applicant proposes that release be by giving an undertaking with conditions or upon entering into a recognizance with sureties, deposit or conditions, where practicable, the terms and conditions of the order sought, including the amount of any recognizance or deposit, as well as the names of any proposed surety and the amount for which each proposed surety is to be liable.

• (3) Where the applicant is the prosecutor or where, as respondent, the prosecutor desires to assert that the detention of the accused is necessary in the public interest, and to rely on material other than required to be filed under subrule (1), the prosecutor may file an affidavit in accordance with rule 4.06 setting out the facts upon which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code.

Factum Not Required

• (4) No factum is required in for the purposes of applications under this rule.

Order Directing Release

Form of Order

• 20.06 (1) An order directing the terms upon which an accused is to be released from custody upon application under this rule may be in Form 10.

Sufficiency of Order

• (2) An order in Form 10 shall be sufficient authority for a justice to prepare the necessary undertaking or recognizance when satisfied that any condition precedent thereto has been met.

Consent in Writing

• (3) The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 10A, and a judge may grant such order without the attendance of solicitors.

Rule 21 Release of Exhibits for Scientific Testing [Code, s. 605(1)]

Application of the Rule

21.01 This rule applies to applications on behalf of the accused or the prosecutor for the release of an exhibit for the purpose of a scientific or other test or examination under s. 605(1) of the Code.

To Whom Application Made

21.02 Applications under rule 21.01 shall be made to a judge of the court in the county, district or region in which the accused is to be or is being tried on the indictment to which the application relates.

Service of Notice

General Rule

• 21.03 (1) Service of the notice of application under this rule and the supporting materials required by rule 21.04 shall be made on the prosecutor or accused, as the case may be, in accordance with rule 5, at least 2 clear days prior to the date fixed for the hearing of the application.

Filing with Proof of Service

• (2) The notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 1 day before the date fixed for the hearing of the application.

Material for Use on Application

Materials to be Filed

• 21.04 (1) The notice of application in Form 1 under this rule shall be accompanied by

  • (a) an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2); and

  • (b) an affidavit of the person or an authorized representative of the agency whom it is proposed shall conduct the test or examination deposing to the matters described in subrule (3).

Affidavit of or on Behalf of the Applicant

• (2) The affidavit of or on behalf of the applicant required by subrule (1)(a) shall contain

  • (a) the particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to or did commence;

  • (b) particulars of the exhibit which it is sought to have ordered released for the purpose of a scientific or other test or examination;

  • (c) a description of the relevance of the exhibit, and the proposed examination or testing, to the issues raised at trial;

  • (d) a statement of the manner in which and steps by which the applicant will endeavour to ensure the safeguarding of the exhibit and its preservation for use at trial;

  • (e) where the application has not been brought until at or after the commencement of the trial proceedings, a statement of the reasons why it was not earlier brought and whether, if granted, the testing or examination procedure will disrupt or delay the trial proceedings; and,

  • (f) whether any issue is being or will be taken by the applicant to the continuity of the exhibits being tested or examined, and whether prior or subsequent to such examination or testing as is proposed.

Affidavit of or on Behalf of Examiner

• (3) The affidavit of the person or an authorized representative of the agency whom it is proposed shall conduct the test or examination, required under subrule (1)(b), shall contain

  • (a) a statement of the capacity in which the deponent makes the affidavit, whether as examiner or authorized representative of the examining agency;

  • (b) where the affiant is an authorized representative of the examining agency, a statement of the scope of his authority and the basis and extent of his knowledge of the testing or examination techniques to be employed in the proposed examination;

  • (c) a detailed description of the nature, purpose, extent and duration of the testing or examination proposed including, where practicable, the scientific techniques, procedures and equipment to be used;

  • (d) a description of the location or facility in which the testing or examination is to be conducted;

  • (e) a reasonable estimate of the length of time required to complete the test or examination proposed;

  • (f) a statement of whether the examiner, testing agency or applicant will permit attendance by duly qualified representatives of the respondent at or during the examination or testing or furnish the results thereof to such persons;

  • (g) a statement whether, within a reasonable time after the completion of such testing or examination, the applicant shall advise the respondent whether it is proposed to adduce the results thereof at trial;

  • (h) where the examiner or testing agency is not amenable to the process of the court, a statement whether such person who will examine or test the exhibit will attend to give evidence at trial or upon commission, if ordered; and

  • (i) a description of the steps and procedures to be taken to ensure the safeguarding of the exhibit and its preservation, in an unaltered state, for use at the trial.

Factum May Be Required

• (4) A judge may require that factums complying with rules 6.06, 6.07 and 6.08 be filed on applications under this rule.

Consent in Writing

21.05 The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 11, and a judge may grant such order without the attendance of solicitors.

Order Directing Release of Exhibits

Form of Order

• 21.06 (1) An order directing the release of exhibits for the purpose of a scientific test or other examination under s. 605(1) of the Code and this rule shall be in Form 11.

Sufficiency of Order

• (2) An order in Form 11 shall be sufficient authority for the person with custody of the exhibit to be tested or examined to release the exhibit for such purpose and thereafter to regain custody thereof in accordance with its terms.

Rule 22 Applications to Change the Venue of Trial [Code, s. 599(1)]

Application of the Rule

22.01 This rule applies to applications on behalf of an accused or the prosecutor to change the venue of trial under subsection 599(1) of the Code.

To Whom Application Made

22.02 Applications under rule 22.01 shall be made to a judge of the court in the county, district or region in which the trial is scheduled to be held upon the indictment, either before or as soon as is reasonably practicable after the accused has been ordered to stand trial.

Contents of Notice

22.03 The notice of application in Form 1 shall include a statement of the territorial division in which it is proposes that the trial proceedings be held.

Service of Notice

General Rule

• 22.04 (1) Service of the notice of application under rule 22.03 and the supporting materials required by rule 22.05 shall be made upon the prosecutor or accused, as the case may be, in accordance with rule 5, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial in the territorial division where the trial is scheduled to be held.

Filing with Proof of Service

• (2) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.

Materials for Use on Application

Materials to be Filed

• 22.05 (1) The notice of application in Form 1 under rule 22.03 shall be accompanied by

  • (a) an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2);

  • (b) where the application is made under s. 599(1)(b) of the Code, an affidavit by or on behalf of the competent authority who has directed that no jury be summoned at the time and place appointed for trial, deposing to the matters described in subrule (3); and,

  • (c) a draft order in which is proposed an alternative place and, where applicable, time of trial.

Affidavit of or on Behalf of the Applicant

• (2) The affidavit of or on behalf of the applicant required by subrule (1)(a) shall contain

  • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence;

  • (b) where the basis of the application under s. 599(1)(a) of the Code is prejudicial news media reporting of the matter to be tried, a full statement respecting the time, place, date and name of the relevant account or report, together with a description of the extent of its circulation or coverage in the county or district from which prospective jurors would ordinarily be drawn;

  • (c) as exhibits, legible copies or transcripts of the media accounts which constitute the basis of the application; and,

  • (d) a statement of the reasons why the trial should be held in the territorial division proposed, rather than in some other territorial division different than that in which the offence would otherwise be tried.

Affidavit of Competent Authority

• (3) The affidavit by or on behalf of the competent authority described in rule (1)(b) shall contain

  • (a) a statement of the reasons why no jury is to be summoned at the time appointed for the accused’s trial in the territorial division where the trial is scheduled to be held;

  • (b) a statement of the date upon which the next jury is to be summoned in the territorial division where the trial is scheduled to be held; and

  • (c) a statement of the dates upon which jurors are to be summoned at the time appointed for trial and prior to the date described in clause (b) in other territorial divisions within the same region as described in O. Reg. 705/89.

Factums Required

• (4) Factums complying with rules 6.06, 6.07 and 6.08 are required in applications under this rule.

Consent in Writing

22.06 The respondent may consent in writing to the order sought upon terms included in the draft order filed under clause 22.05(1)(c) and a judge, where satisfied that the requirements of subsection 599(1) of the Code have been met, may grant the order on such terms without the attendance of solicitors.

Rule 23 Applications to Procure Attendance of Prisoners [Code, ss. 527(2), (7)]

Application of the Rule

23.01 This rule applies to applications under subsection 527(1) of the Code to procure the attendance of a person who is confined in a prison and under subsection 527(7) of the Code to transfer a prisoner to the custody of a peace officer to assist a peace officer acting in the execution of his duties.

To Whom Application Made

Applications for Attendance at Court Proceedings

• 23.02 (1) Applications under subsection 527(1) of the Code and rule 23.01 shall be made to a judge of the court in the county, district or region in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the required attendance to ensure that no adjournment of the proceedings will be required for such purpose.

Applications for Transfer from Custody

• (2) Applications under subsection 527(7) of the Code and rule 23.01 shall be made to a judge of the court in the county, district or region to which the prisoner is to be transferred or in which the prisoner is incarcerated.

Filing of Notice

23.03 The notice of application and supporting materials shall be filed in the office of the clerk of the court in the place where the application is to be determined, as soon as is reasonably practicable, before the date on which the application is to be determined.

Materials for Use on Application

Materials to be Filed

• 23.04 (1) The notice of application in Form 1 under this rule shall also be accompanied by

  • (a) a copy of the warrant under which the prisoner is held, where it is reasonably practicable to do so;

  • (b) where the application is made under s. 527(1) of the Code, a copy of the indictment to which the application relates;

  • (c) where the application is made under s. 527(1) of the Code, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2);

  • (d) where the application is made under s. 527(7) of the Code, an affidavit by or on behalf of the prosecutor setting out the matters described in subrule (3);

  • (e) where the application is made under s. 527(7) of the Code, the written consent of the prisoner to the order proposed;

  • (f) a draft order in Form 12 or 13, as the case may be; and,

  • (g) a copy of any other material in the court file that is necessary for the determination of the application.

Affidavit of or on Behalf of the Applicant

• (2) The affidavit of or on behalf of the applicant required by subrule (1)(c) for applications under subsection 527(1) of the Code shall contain

  • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which the proceedings in which the prisoner’s attendance is required are scheduled to commence or resume, as the case may be;

  • (b) particulars of the date upon or period within which, as well as the locations at which, the attendance of the prisoner will or may be required; and,

  • (c) a statement of the reasons why the prisoner’s attendance is required.

• (3) The affidavit of or on behalf of the applicant required by subrule (1)(d) for applications under subsection 527(7) of the Code shall contain

  • (a) a description of the status of the peace officer to whose custody it is sought to transfer the prisoner;

  • (b) a statement or description of the purpose for which the transfer of the prisoner is sought;

  • (c) a statement or description of the nature of the assistance which it is reasonably anticipated the prisoner will provide, if transferred;

  • (d) a statement whether the assistance reasonably anticipated from the prisoner is available from other sources;

  • (e) a statement whether notice of the application has been given to the solicitor of record of the prisoner;

  • (f) as an exhibit, the written consent of the prisoner to the proposed transfer;

  • (g) a description of the procedures to be followed to ensure the custody and security of the prisoner;

  • (h) a statement of particulars of the period for which the transfer is required; and,

  • (i) a general description of the locations at which the attendance of the prisoner will be required.

Application Record and Factum

• (4) Unless otherwise ordered, in accordance with rule 2.02, by the judge before whom an application under this rule and s. 527(1) or (7) of the Code is returnable, no application record or factum shall be required.

Attendance Not Required

• (5) Unless otherwise ordered, in accordance with rule 2.02, by the judge before whom an application under this rule and s. 527(1) or (7) of the Code is returnable, the order sought may be given ex parte and without the attendance of the solicitor of record for the applicant.

Rule 24 Applications to Take Evidence on Commission [Code, s. 709]

Application of the Rule

24.01 This rule applies to applications on behalf of an accused or the prosecutor for an order appointing a commissioner to take the evidence of a witness under section 709 of the Code.

To Whom Application Made

24.02 Applications made under rule 24.01 shall be made to a judge of the court in the county, district or region in which the trial is being or is scheduled to be held, either before or as soon as is reasonably practicable after the trial date has been fixed.

Contents of Notice

24.03 A notice of application in Form 1 under rule 24.01 shall include a statement whether the presence of the accused is required upon the taking of the evidence and whether the proceedings on commission are to be videotaped.

Service of Notice

General Rule

• 24.04 (1) Service of the notice of application under rule 24.03 and the supporting materials required by rule 24.05 shall be made upon the prosecutor or accused, as the case may be, at least 30 days before the date fixed for the hearing of the application and not less than 60 days before the date fixed for trial upon the indictment.

Materials for Use on Application

Materials to be Filed

• 24.05 (1) The notice of application in Form 1 under rule 24.03 shall be accompanied by

  • (a) an affidavit by or on behalf of the applicant and deposing to the matters described in subrule (2);

  • (b) where the application is made under subparagraph 709(a)(i) of the Code, the affidavit of a duly qualified medical practitioner describing the nature and extent of the illness and the disability arising therefrom or, where the prosecutor and accused consent, the report in writing of such practitioner; and,

  • (c) a draft order which, in cases where the person is to be examined outside Ontario, shall provide for the issuing of a commission in Form 14 authorizing the taking of evidence before a named commissioner and a letter of request directed to the judicial authorities of the jurisdiction in which the witness is to be found, requesting the assistance of such process as is necessary to compel the witness to attend and be examined before the named commissioner.

Affidavit by or on Behalf of the Applicant

• (2) The affidavit by or on behalf of the applicant required by subrule (1)(a) shall contain

  • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence and of their anticipated length;

  • (b) a statement of all material facts relied upon to justify the belief that an order should be given including a statement

    • (i) whether the requested jurisdiction will or is likely to respond favourably to a request for judicial assistance,

    • (ii) whether the manner of response, if favourable, is compatible with the manner in which evidence is taken in criminal proceedings in Canada,

    • (iii) whether the circumstances of the witness’ residence out of Canada render return to Canada for trial likely or unlikely, thereby affecting the necessity for the taking of evidence on commission,

    • (iv) whether the witness has relevant and material evidence to give, receivable in accordance with the rules of evidence applicable in the Canadian proceedings,

    • (v) whether the witness is willing to attend to give evidence on commission and, if not, the means whereby his or her attendance may be compelled or otherwise ensured,

    • (vi) whether there will be unfair prejudice to the party opposite by the order of a commission,

    • (vii) whether there will be any serious disruption of the trial proceedings by the taking of such evidence; and,

    • (viii) whether the trier of fact will be disadvantaged to the prejudice of the parties or either of them, by being unable to observe the demeanour of the witness;

  • (c) if known, a statement of the time and place at which the proposed examination is to be conducted;

  • (d) if known, a statement of the identity of the proposed commissioner and of his or her consent to act in that capacity;

  • (e) a description of the manner in which it is proposed to conduct and record the examination, including whether an interpreter will be required and whether it is proposed that the proceedings be videotaped; and,

  • (f) a statement whether the presence of the accused is sought, permitted or required and, where applicable, what arrangements, if any, are proposed in respect of his or her attendance or detention in custody.

Factum Required

• (3) Factums complying with rules 6.06, 6.07 and 6.08 are required on applications under this rule.

Consent in Writing

24.06 The respondent may consent in writing to the order sought upon terms included in a draft order in Form 14 filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of solicitors.

Order for Examination

Contents of Order

• 24.07 (1) Where an order is made that the evidence of a witness may be taken by a commissioner, the judge granting the order may determine

  • (a) the time and place of the examination;

  • (b) the minimum notice period required;

  • (c) the name of the commissioner;

  • (d) the witness fee, if any, to be paid to the witness whose evidence is to be taken by the commissioner; and,

  • (e) any other matter respecting the holding of the examination including the presence of the accused and his or her solicitor of record upon such commission and payment of those expenses of the commission which are to be borne by the applicant.

Commission and Letter of Request

• (2) Where the witness is to be examined outside Ontario, the order under subrule (1) shall, upon the request of the applicant, provide for the issuing of,

  • (a) a commission in Form 14 authorizing the taking of evidence before a named commissioner; and,

  • (b) a letter of request in Form 15 directed to the judicial authorities of the jurisdiction in which the proposed witness is to be found, requesting the issuing of such process as is necessary to compel the witness to attend and be examined before the commissioner,

  and the order shall be in Form 16.

• (3) The commission and letter of request shall be prepared and issued by the clerk.

Duties of Commissioner

• (4) A commissioner shall, to the extent that it is possible to do so, conduct the examination in the form of oral questions and answers in accordance with these rules, the law of evidence applicable to criminal trials and the terms of the commission, unless some other form of examination is required by the order or the law of the place where the examination is conducted.

• (5) As soon as the transcript of the examination is prepared, the commissioner shall,

  • (a) return the commission, together with the original transcript and exhibits, to the clerk who issued it;

  • (b) keep a copy of the transcript and, where practicable, the exhibits; and,

  • (c) notify the parties who appeared at the examination that the transcript is complete and has been returned to the clerk who issued the commission.

Applicant to Serve Transcript

• (6) The clerk shall send the transcript to the solicitor of record for the applicant or the applicant, as the case may be, who shall forthwith serve every other party with the transcript free of charge.

Witness to be Examined under Oath or upon Affirmation

Examination in Ontario

• 24.08 (1) Before being examined, the witness shall take an oath or make an affirmation or, where the conditions of s. 16(3) of the Canada Evidence Act have been met, make a promise to tell the truth, and, where the examination is conducted in Ontario, the oath or affirmation shall be administered by the commissioner or by another person authorized to administer oaths in Ontario, or where the conditions of s. 16(3) of the Canada Evidence Act have been met, the promise to tell the truth shall be made to that person.

Examination Outside Ontario

• (2) Where the examination is conducted outside Ontario, the oath or affirmation may be administered by or the promise to tell the truth made to the person before whom the examination is conducted, a person authorized to administer oaths in Ontario or a person authorized to take affidavits or administer oaths or affirmations in the jurisdiction where the examination is conducted.

Interpreter

General Rule

• 24.09 (1) Where the witness does not understand the language or languages in which the examination is to be conducted or is deaf or mute, a competent and independent interpreter shall, before the witness is examined, take an oath or make an affirmation to interpret accurately the administration of the oath or affirmation and the questions to and answers of the witness.

Supply of Interpreter

• (2) Where an interpreter is required by subrule (1) for the examination of a witness, unless the interpretation is from English to French or from French to English in which case the interpreter shall be provided by the Attorney General, the applicant shall provide an interpreter satisfactory to the parties.

Production of Documents

General Requirement

• 24.10 (1) The witness shall bring to the examination and produce for inspection all documents and things in his or her possession, control or power that are not privileged and that the process compelling attendance requires the person to bring.

Process May Require Documents and Things

• (2) The process which compels the attendance of a witness may require the witness to bring to the examination and produce for inspection,

  • (a) all documents and things relating to any matter in issue in the proceeding that are in his or her possession, control or power and are not privileged; or,

  • (b) such documents or things described in clause (a) as are specified in the process compelling attendance,

  unless the commissioner orders otherwise in the interests of justice.

Duty to Produce Other Documents

• (3) Where a witness, on examination upon a commission, admits that he or she has possession or control of or power over any other document that relates to a matter in issue in the proceeding and is not privileged, the witness shall produce it for inspection by the examining party forthwith, if the person has the document at the examination, and if not, within two days thereafter, unless the commissioner orders otherwise in the interests of justice.

The Course of Examination

Examination-In-Chief

• 24.11 (1) The solicitor of record for the applicant shall examine the witnesses whose evidence is to be taken upon commission, in-chief, in accordance with the rules of evidence which would apply at trial.

Cross-Examination

• (2) After examination in-chief by the solicitor of record for the applicant has been concluded, the solicitor of record for the respondent may cross-examine the witness in accordance with the rules of evidence which would apply at trial.

Re-Examination

• (3) After cross-examination has been completed, the solicitor of record of the applicant may re-examine the witness in accordance with the rules of evidence which would apply at trial.

Objections and Rulings

Objections

• 24.12 (1) Where objection is taken to a question, the objector shall state briefly the reason for the objection, and the question and the brief statement concerning the objection shall be recorded.

Rulings on Answers Under Objection

• (2) A question to which objection is taken may be answered with the objector’s consent, and where the question is answered, a ruling shall be obtained from the trial judge before the evidence is used at trial.

Rulings on Answers Not Given

• (3) A ruling on the propriety of a question to which objection is made and an answer not given may be obtained from the trial judge.

Rulings by Commissioner

24.13 A commissioner who is not the trial judge may make rulings with respect to the conduct of an examination, other than a ruling on the propriety of a question, but the ruling of a commissioner who is not the trial judge is subject to review by the trial judge.

Evidence Taken to be Recorded

24.14 All evidence taken by a commissioner shall be recorded in its entirety in question and answer form in a manner that permits the preparation of a typewritten transcript of the examination, unless the court orders otherwise in accordance with rule 2.02 or the parties agree otherwise.

Typewritten Transcript

Preparation of Transcript

• 24.15 (1) Where a party so requests, the person who recorded evidence taken upon commission shall have a typewritten transcript of the evidence prepared and completed within four weeks after receipt of the request.

Certification

• (2) The transcript shall be certified as correct by the person who recorded the evidence taken, but need not be read to or signed by the witness.

Delivery to Other Parties and Court

• (3) As soon as the transcript is prepared, the person who recorded the evidence taken on commission shall send one copy to each party who has ordered and paid for a transcript and, if a party so requests for it, shall provide an additional copy for the use of the court.

Use of Evidence at Trial

24.16 The judge presiding at the trial at which the evidence taken upon commission is tendered for admission shall determine the extent to which and manner in which, if at all, the evidence shall be received in the proceedings.

Videotaping or Other Recording of Evidence on Commission

General Rule

• 24.17 (1) On consent of the parties or by order of the court, evidence taken on commission may be recorded by videotape or other similar means and the tape or other recording may be filed for the use of the court along with the transcript.

Application of Rule 24.16

• (2) Rule 24.16 applies, with necessary modifications, to a tape or other recording made under subrule (1).

Rule 25 Applications for Removal as Solicitor of Record

Application of the Rule

25.01 This rule applies to applications by the solicitor of record for an accused to be removed as solicitor of record, and to applications by the prosecutor to have the solicitor of record for an accused removed as solicitor of record.

To Whom Application Made

25.02 Applications under rule 25.01 shall be made to a judge of the court in the county or district in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the scheduled date of trial to ensure that no adjournment of the proceedings will be required for such purpose, or, where the matter arises at trial, to the trial judge.

Service of Notice

General Rule

• 25.03 (1) Service of the notice of application under rule 25.03 and the supporting materials required by rule 25.05 shall be made upon the prosecutor and accused, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial of the indictment to which the application relates.

Manner of Service

• (2) Service of the notice of application and supporting materials shall be made in accordance with rule 5 and where the application is made by the solicitor of record for the accused, upon the accused by mailing a copy to his or her last known address.

Filing with Proof of Service

• (3) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.

Materials for Use on Application

Materials to be Filed

• 25.04 (1) The notice of application in Form 1 under this rule shall be accompanied by an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2).

Affidavit by or on Behalf of the Applicant

• (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain

  • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence and their anticipated length;

  • (b) particulars of any prior applications, whether on behalf of the accused or the prosecutor, to have the solicitor of record for the accused removed as solicitor of record, including, where available, transcripts of proceedings taken upon such applications;

  • (c) where the application is made by the solicitor of record for an accused or on behalf of an accused, a full statement of all facts material to a determination of the application, including without disclosing any solicitor client communication in respect of which solicitor client privilege has not been waived, a statement of the reasons why the order sought should be given;

  • (d) where the application is made by or on behalf of the prosecutor, a full statement of all facts material to a determination of the application, including a statement of the reasons why the order sought should be given;

  • (e) a statement whether an adjournment of trial proceedings is likely or will be required to enable the accused to retain and instruct a new solicitor of record to proceed to trial and, if so, when it is proposed that trial proceedings shall commence; and

  • (f) where applicable, a statement of the identity of the new solicitor of record and his or her undertaking to proceed to trial or other disposition on the date specified under clause (e).

Factum May Be Required

• (3) A judge may require that factums complying with rules 6.06, 6.07 and 6.08 be filed on applications under this rule.

Consent in Writing

25.05 The respondent or accused may consent in writing to the order sought upon terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of solicitors.

Rule 26: Applications for Adjournment

Application of the Rule

26.01 This rule applies to applications on behalf of an accused or the prosecutor for an order adjourning trial proceedings, after a date has been fixed for trial, but prior to commencement of the trial.

To Whom Application Made

26.02 Applications under rule 26.01 shall be made to a judge of the court in the county or district in which the trial is scheduled to be held upon the indictment, after the matters giving rise thereto have arisen, whether before or after the trial date has been fixed.

Service of Notice

General Rule

• 26.03 (1) Service of the notice of application under this rule and the supporting materials required by rule 26.05 shall be made upon the prosecutor or accused, as the case may be, in accordance with rule 5, at least 15 days before the date fixed for the hearing of the application, which shall not be less than 10 days prior to the date fixed for trial.

Filing with Proof of Service

• (2) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 10 days before the date fixed for the hearing of the application.

Materials for Use on Application

Materials to be Filed

• 26.04 (1) The notice of application in Form 1 under this rule shall be accompanied by an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2).

Affidavit by or on Behalf of the Applicant

• (2) The affidavit by or on behalf of the applicant required by subrule shall contain

  • (a) particulars of the indictment in which is contained the charge upon which the order adjourning the date upon which trial proceedings are scheduled to commence is sought;

  • (b) particulars of any prior applications, whether on behalf of the accused or the prosecutor, to have the trial of the indictment adjourned from a date fixed for trial to a subsequent date, including, where available, transcripts of proceedings taken upon such applications;

  • (c) a full statement of all facts material to a determination of the application without disclosing any solicitor client communications in respect of which solicitor client privilege has not been waived; and

  • (d) a statement of the date or dates to which it is proposed to adjourn the matter for trial.

Application Record and Factum Not Required

• (3) No application record or factum is required on applications under this rule.

Consent in Writing

26.05 The respondent may consent in writing to the order sought upon terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of solicitors.

Rule 27: Constitutional Issues

Application of the Rule

27.01 This rule applies to applications in criminal proceedings

• (a) to declare unconstitutional and of no force and effect, in whole or in part, any enactment of the Parliament of Canada;

• (b) to declare unconstitutional and of no force and effect, in whole or in part, any rule or principle of law applicable to criminal proceedings, whether on account of subsection 8(2) or (3) of the Code or otherwise; and

• (c) to stay proceedings upon an indictment against an accused, in whole or in part, or for any other remedy under subsection 24(1) of the Charter and/or subsection 52(1) of the Constitution Act, 1867

on account of an infringement or denial of any right or freedom guaranteed under the Charter or otherwise.

To Whom Made

27.02 Applications under this rule shall be made to a judge of the court in the county, district or region where the criminal proceedings in which the issue is to be raised are to be heard.

Contents of Notice

27.03 The notice of application and constitutional issue in Form 5 shall state

• (a) the place and date of hearing as determined in accordance with rules 27.02 and 27.04;

• (b) the precise relief sought upon the application;

• (c) the grounds to be argued, including a concise statement of the constitutional issue to be raised, a statement of the constitutional principles to be argued and a reference to any statutory provision or rule upon which reliance will be placed;

• (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and

• (e) whether an order is required abridging or extending the time for service or filing of the notice of application or supporting materials required under rule 6.05.

Filing and Service of Notice

General Rule

• 27.04 (1) An applicant shall give notice of application and constitutional issue in Form 5 and in accordance with rule 27.03 within the applicable time period specified in these rules, where the application is made in proceedings under Part II, IV or V of these rules, or, where the application is to be made at trial before the trial judge, not less than 15 days before the date on which the trial proceedings are scheduled to commence.

Manner of Service

• (2) Service of the notice of application and constitutional issue and supporting materials under clause 27.01(a) or (b), shall be made in accordance with rule 5, and the rule applicable to the proceedings in which the application is made and upon

  • (a) the Constitutional Law Division of the Ministry of the Attorney General of Ontario;

  • (b) the regional office of the Attorney General of Canada at Toronto or the office of the Attorney General of Canada at Ottawa; and,

  • (c) the office of the prosecutor having carriage of the proceedings.

• (3) Where the application is made under clause (c) at trial before the trial judge, service of the notice of application and constitutional issue and supporting materials shall be made, in accordance with rule 5, upon

  • (a) the office of the prosecutor having carriage of the proceedings; and,

  • (b) upon such other person(s) and upon such terms as the trial judge may direct.

Filing with Proof of Service

• (4) Notice of application and constitutional issue and supporting material, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 7 days before the date fixed for the hearing of the application.

Materials for Use on Application

Materials to be Filed

• 27.05 (1) In addition to any other materials that may be required by the rules applicable in the proceedings in which the constitutional issue is raised, a notice of application and constitutional issue under rule 27.03 shall be accompanied by

  • (a) a copy of the indictment to which the constitutional issue raised in the notice of application relates;

  • (b) a transcript of any proceedings earlier taken which are material to a determination of the constitutional issue raised in the notice of application;

  • (c) where necessary to complete the record, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2); and,

  • (d) a copy of any other material in the court file that is necessary for the hearing and determination of the constitutional issue raised in the notice of application.

Affidavit by or on Behalf of the Applicant

• (2) The affidavit by or on behalf of the applicant described in clause (1)(c) shall include

  • (a) a description of the affiant’s status and the basis of his or her knowledge of the matters deposed;

  • (b) a statement of the particulars of the charge to which the application relates including, where the application alleges a breach of paragraph 11(b) of the Charter, a full statement of the history of the proceedings against the applicant prior to the date scheduled for trial; and,

  • (c) a statement of all facts material to a just determination of the constitutional issue which are not disclosed in any other materials filed in support of the application.

Affidavit on Behalf of the Respondent

• (3) Where the respondent seeks to rely on material other than required to be filed under subrule (1) or (2), the respondent shall file affidavit material setting out the facts upon which reliance shall be placed.

Applicant’s Application Record and Factum

• (4) The applicant shall prepare an application record and factum in compliance with subrule 6.05(1) and (2) and rules 6.06 and 6.07.

Respondent’s Application Record and Factum

• (5) The respondent shall prepare an application record and factum in compliance with subrules 6.05(3), 6.06(2) and (3) and rule 6.08.

Further Application Record and Factum

• (6) A judge, before the hearing of the application, may give directions concerning the filing of further application records and factums.

Interventions

27.06 Any person interested in a proceeding between other parties may by leave of the judge presiding over that proceeding, or by leave of the Chief Justice or a judge designated by him or her, intervene therein upon such terms and conditions and with such rights and privileges as the judge, the Chief Justice or his or her designee may determine.

Rule 28 Pre-Hearing Conferences [Code, s. 625.1]

Where Available

28.01 A pre-hearing conference in respect of a charge contained in an indictment shall be held in the county, district or region in which the indictment has been filed, at such time and date and in such place and manner as a judge of the court may direct, or at such further dates, times and places as the judge who presides at the pre-hearing conference may direct.

Attendance of Solicitor of Record and Accused

Attendance at Conference

• 28.02 (1) Unless otherwise ordered by a judge in accordance with rule 2.02, the prosecutor and solicitor of record for the accused, each fully briefed in respect of the issues to be discussed at the pre-hearing conference, or, in the case of an accused who is not represented by a solicitor of record, the accused, shall be present at the pre-hearing conference.

Availability of Accused

• (2) A judge may require that an accused, represented by a solicitor of record, be available for consultation with the solicitors in respect of matters to be considered at the pre-hearing conference and that an investigating officer shall be available for consultation with the prosecutor.

Completion in Draft of Pre-Hearing Conference Report

• (3) Prior to attending the pre-hearing conference, the prosecutor and the solicitor of record for the accused shall jointly prepare in draft a pre-hearing conference report in Form 17 or 18, to be presented to the pre-hearing conference judge.

Completion of Pre-Hearing Conference Report Where Accused Unrepresented

• (4) Where the accused is unrepresented, the prosecutor shall complete in draft the pre-hearing conference report in Form 17 or 18, indicating what he or she anticipates the issues will be at trial.

The Hearing

General Nature of Conference

• 28.03 (1) Unless otherwise ordered by the pre-hearing conference judge in accordance with rule 2.02, a pre-hearing conference shall be an informal meeting conducted in chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings thereafter taking place.

Specific Inquiries to be Made

• (2) Without restricting the generality of Rule 28.01 or subrule (1), a pre-hearing conference judge may inquire as to

  • (a) the extent of disclosure made by the prosecutor and any or further requests therefor by an accused or the solicitor of record for an accused;

  • (b) the nature and particulars of any applications to be made at the outset of the trial proceedings including any

    • (i) application to contest the validity of the committal proceedings or the preferment of the indictment or any count thereof;

    • (ii) application to stay or otherwise determine the proceedings prior to plea or the introduction of evidence;

    • (iii) application to change the venue or adjourn the hearing of the trial;

    • (iv) application to challenge the sufficiency of the indictment, to order particulars or to amend the indictment or any count thereof;

    • (v) application to sever the trial of any count(s) or accused from the trial(s) of another or others of them;

    • (vi) application respecting the composition or selection of the jury;

    • (vii) application concerning the special pleas of autrefois acquit, autrefois convict or pardon; and,

    • (viii) application to determine the fitness of an accused to stand trial;

  • (c) the nature and particulars of any applications to be made either at the outset of the trial before any juror on the panel of jurors is called pursuant to subsection 631(3) of the Code and in the absence of any such juror or in the absence of the jury after it has been sworn including any application to introduce evidence the admissibility of which is disputed by the party opposite;

  • (d) the possibility of resolution of any or all of the issues in the proceedings, including the possible disposition of any or all counts contained in the indictment whether by plea of guilty or otherwise;

  • (e) the simplification of such issues as remain to be contested at trial;

  • (f) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceedings;

  • (g) the estimated duration of the trial proceedings;

  • (h) the advisability of fixing a date for the commencement of the trial; and,

  • (i) any other matter that may assist in promoting a fair, just and expeditious trial.

Pre-Hearing Conference Report

Completion of Report

• 28.04 (1) The pre-hearing conference judge, upon the completion of the hearing, may complete a Pre-Hearing Conference Report in Form 17 or 18, a copy of which shall be provided to the prosecutor and the solicitor of record for the accused, or the accused if he or she is unrepresented by a solicitor of record, and may be provided to the trial judge, together with any materials filed by the solicitor of record on the pre-hearing conference relating to matters to be raised at trial.

No Disclosure

• (2) Except with the express consent of the prosecutor and the solicitor of record for the accused, the pre-hearing conference judge shall not disclose to the judge presiding at trial any communications or discussion relating to a plea of guilty unless, whether pursuant to subsection 606(4) of the Code or otherwise, a plea of guilty will be entered at trial.

Endorsement on Copy of Indictment

• (3) The pre-hearing conference judge, upon the completion of the hearing, shall endorse upon a copy of the indictment the date upon which the pre-hearing conference was held and the estimated length of trial proceedings but without reference to any other issues discussed at the pre-hearing conference.

Other Pre-Hearing Conferences

28.05 Nothing in these Rules shall be construed or interpreted so as to preclude a judge of the court from conducting, with the consent of the prosecutor and the solicitor of record for the accused, such other informal pre-hearing conferences, in addition to the conference provided for in subsection 625.1(2) of the Code, upon such terms as the judge deems fit.

Part III: Trial Proceedings and Evidence [Rules 30‑39](This part has been reserved in the event that at some future time the Court deems it advisable to pass rules dealing with trial proceedings and evidence.)

Part IV: Summary Conviction Appeals and Extraordinary Remedies [Rules 40-49]

Rule 40 Summary Conviction Appeals [Code, ss. 813, 830(1)]

Definitions

40.01 In this rule, unless the context requires otherwise,

adjudication

adjudication includes

• (i) in appeals under paragraph 813(a) of the Code, a conviction or order made against or a sentence imposed on a defendant,

• (ii) in appeals under paragraph 813(b) of the Code, an order which stays proceedings on or dismisses an information or a sentence imposed on a defendant,

• (iii) in appeals under subsection 830(1) of the Code, a conviction, judgment or verdict of acquittal or other final order or determination of a summary conviction court,

in proceedings under Part XXVII of the Code; (décision)

appeal

appeal means an appeal from or against an adjudication in proceedings before a summary conviction court pursuant to Part XXVII of the Code; (appel)

appeal court

appeal court means the Ontario Court (General Division), and in the case of appeals under section 813 of the Code, means the Ontario Court (General Division) in the region, county or district where the adjudication under appeal was made; (cour d’appel)

appellant

appellant includes

• (i) in appeals under paragraph 813(a) of the Code, the defendant,

• (ii) in appeals under paragraph 813(b) of the Code, the informant, the Attorney General or his or her agent,

• (iii) in appeals under subsection 830(1) of the Code, a party

in proceedings before a summary conviction court under Part XXVII of the Code; (appelant)

clerk

clerk means the local registrar of the appeal court in the region, county or district where the adjudication under appeal was made; (greffier)

Code

Code means the Criminal Code; (Code)

Court Services Manager

Court Services Manager means a person employed by the Ministry of the Attorney General of Ontario as a court services manager, or that person’s designee; (chef des services judiciaires)

file

file means file with the clerk; (déposer)

judge

judge means a judge of the Ontario Court (General Division) in the region, county or district where the adjudication under appeal was made; (juge)

summary conviction court

summary conviction court means a person who has jurisdiction in the region, county or district where the proceedings under Part XXVII of the Code have arisen and who

• (i) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken,

• (ii) is a justice or a provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or

• (iii) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; (cour des poursuites sommaires)

trial court

trial court means the summary conviction court from or against whose adjudication an appeal is being taken. (tribunal de première instance)

Application

40.02 Except as otherwise provided by the Code, any other Act of the Parliament of Canada or enactment made thereunder, this rule applies to appeals as defined in rule 40.01.

Notice of Appeal

Time for Appeal

• 40.03 (1) An appellant shall give notice of appeal,

  • (a) where the appeal is from a conviction or sentence or both, within 30 days after the day on which the sentence was imposed; or,

  • (b) in any other case, within 30 days after the day on which the adjudication under appeal was made.

Form of Notice of Appeal

• (2) A notice of appeal shall be

  • (a) dated and signed by the appellant, or the solicitor of record of the appellant;

  • (b) directed to the clerk; and,

  • (c) in Form 2.

Filing and Service of Notice of Appeal

General Rule

• 40.04 (1) Notice of appeal shall be given,

  • (a) by filing, or sending to the clerk by prepaid registered mail, two copies of the notice of appeal; and,

  • (b) where the appellant is Her Majesty the Queen in Right of Ontario or Canada, as represented by the Attorney General, his or her agent or was the informant or any party other than the defendant in proceedings before the trial court, by personal service on each person in respect of whom an appeal is brought against an acquittal, order of dismissal of or staying proceedings on an information, sentence or other final order or other determination, or as ordered by a judge under rule 5.04.

Method of Service

• (2) Except as provided by clause 40.04(1)(b) or ordered by a judge in accordance with rule 2.02, service of a document pursuant to this rule may be made by

  • (a) personal service on or prepaid registered mail to the party, or where the party is represented by a solicitor of record, on the solicitor of record of the party, at the address for service of the party or solicitor on file with the appeal court; or

  • (b) leaving a copy of the document with the solicitor of record of the party or an employee in the office of the solicitor, or where the party is not represented by a solicitor, with the party.

Service on Solicitor of Record

• (3) Where service may be made on the solicitor of record of a party, it may be made by telephone, transmission of a facsimile of the document in accordance with subrule (4).

Service by Telephone Transmission

• (4) A document that is served by telephone transmission shall include a cover page indicating

  • (a) the title and, if available, appeal court file number of the appeal;

  • (b) the sender’s name, address and telephone number;

  • (c) the name of the solicitor of record to be served;

  • (d) the date and time of transmission;

  • (e) the total number of pages transmitted, including the cover page;

  • (f) the telephone number from which the document is transmitted; and,

  • (g) the name and telephone number of a person to contact in the event of transmission problems.

Proof of Service

• (5) Except as ordered by a judge, or as provided by subrule (6), a party serving a document shall, within 10 days after the last day for service of it, file proof of service, by affidavit of the person who served it, or by a solicitor of record’s written and dated admission or acceptance of service.

• (6) Where notice of appeal is given in accordance with clause (1)(b), proof of service shall accompany the notice of appeal when filed, unless otherwise ordered by a judge.

Processing Appeals

Transmission of Notice of Appeal

• 40.05 (1) Upon receipt of a notice of appeal, the clerk shall forthwith,

  • (a) where the respondent is Her Majesty the Queen in Right of Canada, transmit a copy of it to the appropriate senior officer of the Department of Justice of Canada who is responsible for criminal prosecutions in the region, district or county where the office of the clerk is located, as set out in the schedule; or,

  • (b) where the respondent is Her Majesty the Queen in Right of Ontario, transmit a copy of it to the Crown Attorney of the region, district, county or group of counties where the office of the clerk is located; and,

  • (c) in every case, shall transmit a copy of it to the clerk of the trial court in the district, county or group of counties in which adjudication was made.

Transmission of Exhibits and Documents

• (2) Upon receipt of a notice of appeal, the clerk of the trial court, unless it is otherwise ordered by a judge, shall transmit forthwith to the clerk of the appeal court all documents and exhibits which were before the trial court.

• (3) Notwithstanding subrule (2), currency, valuable securities, jewellery, narcotics and exhibits which are inherently dangerous (as for example, explosives) shall not be transmitted to the clerk unless material to the issues raised on appeal and a judge so orders.

Transmission of Copy

• (4) It shall be sufficient under subrule (2) for the clerk of the trial court to transmit to the clerk of the appeal court a certified copy of the information upon which trial proceedings took place, unless otherwise ordered by a judge.

Transcripts and Agreements Respecting Evidence

Certificate Respecting Evidence

• 40.06 (1) Except in the case of appeals to which subrules (2) and (3) apply, and except where otherwise directed by the clerk, the appellant shall, at the time notice of appeal is filed with the clerk, furnish a certificate in Form 2C of each court reporter who took the evidence, stating that copies of the transcript as required by these rules have been ordered.

Where Provisional Certificate Granted

• (2) Where an appellant has been granted a provisional certificate under the Ontario Legal Aid Plan limited to the filing of a notice of appeal or to the filing of a notice of appeal and the making of an application for release from custody pending appeal, the solicitor of record acting under such certificate may file the notice of appeal without ordering the transcript, but when a legal aid certificate authorizing the carrying on of the appeal is granted, the solicitor shall furnish a certificate of the reporter as provided by subrule (1) within 15 days from the granting of such legal aid certificate.

Where No Provisional Certificate Granted

• (3) Where an appellant has applied for a certificate under the Ontario Legal Aid Plan, but no provisional certificate has been granted, he or she shall file with the clerk, at the time of filing the notice of appeal, proof of such application, and may lodge the notice of appeal without ordering the transcript or filing a certificate of the court reporter in Form 2C, but when a legal aid certificate authorizing the carrying on of the appeal is granted, the solicitor shall furnish a certificate of the court reporter in Form 2C within 15 days from the granting of such legal aid certificate.

• (4) Within 15 days of receipt of the decision of the area committee refusing the issuance of a legal aid certificate, the appellant shall furnish a certificate of the court reporter in Form 2C that copies of the transcript as required by these rules have been ordered.

Contents of Transcripts

• (5) Unless otherwise ordered by a judge in accordance with rule 2.02, there shall be omitted from all transcripts of evidence

  • (a) all opening remarks by the prosecutor;

  • (b) all argument on pre-trial motions or applications made at trial, excepting a notation that an application or motion was made (the ruling of the summary conviction court shall be transcribed);

  • (c) all objections to the admissibility of evidence, excepting a notation that the objection was made (the ruling of the summary conviction court shall be transcribed); and,

  • (d) the closing argument of the parties, their agents or solicitors of record.

Additional Portions of Transcript

• (6) An order for the inclusion in the transcript of any portion of the proceedings referred to in subrule (5) may be made without the attendance of solicitors of record, upon filing the written consent of solicitors of record for all parties.

• (7) Any order for the inclusion in the transcript of any portion of the proceedings referred to in sub-rule (5) shall be sent to the court reporter within 5 days of the order having been granted, and a copy of the order shall be provided to the respondent, together with confirmation that the order has been sent to the court reporter.

Application for Directions

• (8) Upon application, a judge may give special directions as to the omission of part of the transcript or material that would otherwise be included in the appeal book.

Agreed Statements of Fact

• (9) In appeals where the facts are not in dispute, an agreed statement of facts filed within 30 days of the filing of the notice of appeal may take the place of the transcript of evidence and the appellant need only file and serve a transcript of the reasons for judgment and sentence.

Appeals Against Sentence Only

• (10) With respect to appeals as to sentence only,

  • (a) where there was a plea of guilty at the opening of trial before any evidence was taken, the transcript shall include the entire proceedings before the court, including the statement of the prosecutor for the Crown, any evidence as to the facts, any submissions of the prosecutor for the Crown or the solicitor for defence, and the reasons of the summary conviction court as to sentence;

  • (b) where the original plea was one of not guilty, and was followed by the adducing of evidence, then within 30 days of receipt of the transcript, the prosecutor for the Crown and solicitor the defence shall make every effort to agree on a statement of facts which will be included in the appeal book. Everything that occurred following a finding of guilt shall be transcribed for use on the hearing of the appeal. In the event of difficulty in settling the statement of facts, solicitor for either party may, on notice, attend upon a judge in chambers for assistance. In the event of failure to agree as to the facts, the provisions of subrules (1) and (5) to (8) apply.

Completion of Transcripts

• (11) Upon signing a certificate, each reporter shall proceed with reasonable diligence to prepare and certify the transcript and shall, upon completion, forthwith notify each party and the clerk, in writing, that the transcript has been completed.

• (12) Unless an appeal has been wholly abandoned, after a transcript has been ordered, the completion of the transcript shall not be suspended nor the order countermanded except pursuant to an order of a judge made in accordance with rule 2.02.

Costs Sanction for Unnecessary Evidence

• (13) In considering whether to award costs on an appeal under section 826 or subsection 834(1) of the Code, a judge may consider whether evidence has been transcribed or exhibits reproduced unnecessarily.

Amendment of Notice of Appeal

Supplementary Notice to be Served and Filed

• 40.07 (1) A notice of appeal may be amended without leave, before the appellant’s factum has been filed, by serving on the parties on whom the notice was served a supplementary notice of appeal in Form 2A and filing it with proof of service.

Argument Limited to Grounds Stated

• (2) No grounds other than those stated in the notice of appeal or supplementary notice of appeal may be relied on at the hearing of the appeal, except with leave of the judge hearing the appeal.

Relief Limited

• (3) No relief other than that sought in the notice of appeal or supplementary notice of appeal may be sought at the hearing, except with the leave of the judge hearing the appeal.

Appeal Books

Filing and Service

• 40.08 (1) The appellant, within 15 days after receiving notice that the transcript of evidence is ready, or where a transcript of evidence is not required on appeal, within 15 days after filing the agreed statement of facts, shall serve on the respondent and any person entitled by order of a judge to be heard on the appeal, one copy of an appeal book and, at such time, shall file with the clerk of the appeal court proof of service of the appeal book and a legible copy of the appeal book.

Contents of Appeal Book

• (2) The appeal book shall contain, in consecutively numbered pages arranged in the following order, a copy of:

  • (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

  • (b) the notice of appeal and any supplementary notice of appeal;

  • (c) any direction or order made with reference to the appeal;

  • (d) the information, including all endorsements thereon or as adjuncts thereto;

  • (e) the formal order or decision appealed from, as signed and entered, if any;

  • (f) the reasons for judgment, if not included in the transcript of proceedings;

  • (g) any order for release from custody pending appeal;

  • (h) all documentary exhibits filed at the trial that the parties have not agreed to omit, arranged in order by date or, where there are documents having common characteristics, arranged in separate groups in order by date;

  • (i) all maps, plans, photographs, drawings and charges that were before the summary conviction court and are capable of reproduction that the parties have not agreed to omit;

  • (j) the agreed statement of facts, if any;

  • (k) where there is an appeal as to sentence, the presentence report, the criminal record of the appellant, and any exhibits filed on the sentencing proceedings;

  • (l) the certificates respecting evidence referred to in subrules 40.06(1) and (2).

Non-Compliance with Rules

• (3) The clerk may refuse to accept an appeal book which does not comply with these rules or is not legible and the appeal book shall not be filed except by leave of a judge of the appeal court.

Relief from Compliance

• (4) Where compliance with the rules governing appeal books would cause undue expense or delay, a judge of the appeal court may give special directions.

Perfecting Appeals

When Appeal Perfected

• 40.09 (1) An appeal is perfected when

  • (a) the material described in subsection 821(1) of the Code and in subrule 40.05(2) has been received by the clerk;

  • (b) a copy of the transcript, agreed statement of facts, if any, and appeal book have been received by the clerk, or a judge has made an order dispensing with the filing thereof; and,

  • (c) any application made under subsection 822(4) of the Code and rule 40.12 has been dismissed.

Consequences of Perfecting Appeal

• (2) When an appeal is perfected, it is ready for hearing and may be entered on a list for hearing.

Listing of Appeals for Hearing

Entry for Hearing

• 40.10 (1) When an appeal is ready for hearing, the clerk shall enter the appeal for hearing on a date fixed by a judge or, where hearing dates are not so fixed, enter the appeal on a list of appeals to be heard at a regular or special sittings of the appeal court.

Notice of Hearing

• (2) Upon an appeal being entered for hearing under subrule (1), the clerk shall mail a notice of hearing to each party indicating the date by which the appellant’s factum must be filed and served, the date upon which the appeal shall be heard and the time and place at which the solicitor of record for the appellant must appear, under subrule (3), to show cause why the appeal should not be dismissed as abandoned for failure to file the appellant’s factum.

Failure to File Appellant’s Factum

• (3) If the appellant’s factum is not filed by the date specified under subrule (2), then unless the clerk otherwise directs, the solicitor of record for the appellant, or an agent on his or her behalf fully prepared to deal with the matter, must appear before a judge of the appeal court, at the time and place described in the notice of hearing under subrule (2), without further notice from the clerk, to show cause why the appeal should not be dismissed as abandoned.

Supervision of Outstanding Appeals

• (4) The clerk may place before a judge of the appeal court, at a time and place specified, the files in which it appears to the clerk that there has been undue delay in the obtaining of the transcript, the filing of appeal books, or otherwise, and shall notify the solicitors of record for the parties that he or she will be doing so and the judge, after hearing the solicitors of record or their fully instructed agents, may make such order concerning the appeal as he or she deems appropriate.

“Counsel” Includes Party

• (5) Where a party to an appeal has no solicitor, solicitor in this rule includes that party.

Appeals in Writing

Notice of Intention

• 40.11 (1) Where an appellant in an appeal desires to present his or her case on appeal and argument in writing, the appellant shall give notice of such intention in Form 2B within the time and in the manner prescribed in subrule 40.08(1) respecting appeal books.

Materials to be Filed

• (2) On an appeal in writing, the appellant shall file transcripts of evidence (if any), appeal books and all other material, except factums, within such time and within such manner as would be required if the appeal were to be heard with oral argument and shall further file his or her written argument within 30 days of the appeal being perfected.

Consideration of Materials Filed

• (3) The material on the appeal in writing shall be considered by a judge of the appeal court in chambers who may give directions as to whether the Attorney General should be requested to file written argument as respondent to the appeal and prescribe the times for doing so as well as for the filing of any reply in writing by the appellant.

• (4) Where the judge of the appeal court in chambers considers that no written argument from the Attorney General is required, he or she shall prepare written reasons for dismissing the appeal.

• (5) Where the judge of the appeal court in chambers directs that the Attorney General provide written argument and the appellant written argument in reply, the appeal shall be considered by the judge of the appeal court in chambers who required argument, or any other judge of the appeal court, who shall give written reasons for his or her decision.

• (6) The reasons described in subrules (4) and (5) shall be dealt with as if they were a reserved judgment.

Trials De Novo

Application

• 40.12 (1) An application under subsection 822(4) of the Code for a trial de novo shall be made before a date has been fixed for hearing the appeal under subrule 40.10 (1).

Notice of Application

• (2) At least 7 days notice of an application for a trial de novo shall be served on each other party, except that, if the notice is filed with the notice of appeal, it shall be transmitted or served with the notice of appeal in accordance with subrules 40.04(1) and 40.05(1).

Date for Hearing of Application

• (3) Upon receipt of an application under subrule (1), the clerk shall enter the application for hearing on a date fixed by a judge or, where hearing dates are not so fixed, enter the application on a list of applications to be heard at a regular or special sitting of the appeal court.

Notice

• (4) Unless a judge otherwise orders, the clerk shall serve each party with a notice of the date on which the application is to be heard.

Factums

Application of the Rule

• 40.13 (1) This rule shall govern the preparation and filing of factums in appeals from adjudications made in proceedings under Part XXVII of the Code.

General Requirement

• (2) Except in appeals in writing under rule 40.11 or except where a judge has made an order under subrule (9), all parties to the appeal and persons who have been granted the right to be heard shall deliver a factum to be entitled and described on its cover as “Appellant’s Factum”, “Respondent’s Factum” or “Intervenor’s Factum” or as the case may be.

Signatures on Factums

• (3) All factums shall be signed by a solicitor or on a solicitor’s behalf by someone specifically authorized to do so or, where a party is unrepresented, by the appellant or respondent, as the case may be, and the signature shall be followed, where applicable, by the typed name of the solicitor.

Appellant’s Factum

• (4) An appellant shall prepare an “Appellant’s Factum” not exceeding 10 pages in length, excluding the schedule, and shall file with the clerk, on or before the date specified in the notice of hearing given under rule 40.10(2), one copy, together with proof of service thereof on all other parties and persons who have been granted the right to be heard on the appeal.

• (5) Except in appeals from sentence only, the appellant’s factum shall consist of:

  • (a) Part I, entitled “Statement of the Case”, which shall contain a statement identifying the appellant, the court in which the proceedings arose, the nature of the charge or charges, the result in that court and the nature of each order to which the application relates;

  • (b) Part II, entitled “Summary of the Facts”, which shall contain a concise summary of the facts relevant to the issues on the application, with such references to the evidence by page and line, or paragraph, as the case may be, as may be necessary;

  • (c) Part III, entitled “Issues and the Law”, which shall contain a statement of each issue raised, immediately followed by a concise statement of the law and any authorities relating to that issue;

  • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; and

  • (e) A schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) to which reference was made in Part III and in the order in which they there appear

  in paragraphs numbered consecutively throughout the factum.

Respondent’s Factum

• (6) A respondent shall prepare a “Respondent’s Factum” not exceeding 10 pages in length, excluding the schedule, and shall file with the clerk, not later than 15 days after receipt of the appellant’s factum, and not later than 7 days before the date fixed for the hearing of the appeal under subrule 40.10(1), one copy, together with proof of service thereof on all other parties and persons who have been granted the right to be heard on the appeal.

• (7) Except in appeals from sentence only, the respondent’s factum shall consist of:

  • (a) Part I, entitled “Respondent’s Statement as to Facts”, which shall contain a statement of the facts in Part II of the applicant’s factum that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with such reference to the transcript evidence by page and line or paragraph, as the case may be, as is necessary;

  • (b) Part II, entitled “Response to Applicant’s Issues”, which shall contain the position of the respondent with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue;

  • (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the respondent, immediately followed by a concise statement of the law and the authorities relating to that issue;

  • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; and,

  • (e) a schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III.

  in paragraphs numbered consecutively throughout the factum.

Non-Compliance with Rules

• (8) The clerk may refuse to accept a factum which does not comply with these rules as to timing, form or content or is not legible and the factum shall not be filed except by leave of a judge of the appeal court.

Relief from Compliance

• (9) Where compliance with the rules governing factums would cause undue expense or delay, a judge of the appeal court may give special directions.

Appeals from Sentence Only

Factums in Appeals from Sentence Only

• 40.14 (1) For an appeal from sentence only the factum submitted by the appellant (other than the Attorney General) shall be in Form 19.

• (2) Where the Attorney General is the appellant, such changes shall be made in the form of the factum as may be required.

Hearings of Appeals from Sentence Only

• (3) On the appeal from sentence only, the appellant shall be limited to 15 minutes for oral argument, solicitor for the respondent to 10 minutes, and the appellant to 5 minutes in reply, except that in cases of unusual difficulty, the judge hearing the appeal may enlarge these time limits as required.

Abandonment of Appeals

Notice

• 40.15 (1) Where an appellant desires to abandon his or her appeal, in whole or in part, he or she shall serve on the respondent, in the manner provided in subrules 40.04(2) to (5), a notice of abandonment in Form 9, signed by the solicitor of record in the appeal, or by the appellant (in which case the signature shall be verified by affidavit, solemn declaration or witnessed by a solicitor or an officer of the institution in which the appellant is confined).

Dismissal as Abandoned

• (2) A judge in chambers may thereupon dismiss the appeal as an abandoned appeal, without the attendance of the solicitor of record or the appellant.

Dismissal for Non-Compliance

Failure of Prosecution

• 40.16 (1) Where an appellant

  • (a) fails to comply with rule 40.06 respecting transcripts or agreed statements of fact,

  • (b) fails to comply with rule 40.08 concerning the preparation and filing of appeal books, or

  • (c) fails to comply with rule 40.14 concerning the preparation and filing of factums

  the appeal court may, on application upon notice to all other parties by the respondent, or on notice given by the clerk to each party, and upon proof that notice of hearing of the appeal has been given under subrule 40.10(2), dismiss the appeal for want of prosecution or make any order that appears just, so that the appeal may be heard expeditiously and determined on its merits.

Failure to Appear

• (2) Where an appellant fails to

  • (a) appear personally, or by a solicitor of record on the date and at the time fixed for the hearing; or

  • (b) file a notice of written appeal in accordance with subrule 40.12(1) and the materials required by subrule 40.12(2)

  a judge of the appeal court may, on proof that notice of hearing of the appeal has been given, dismiss the appeal for want of prosecution.

• (3) Where a respondent fails

  • (a) to appear personally, or by a solicitor on the date and at the time fixed for the hearing of the appeal; or,

  • (b) to file written argument as directed by a judge under subrule 40.11(3)

  a judge of the appeal court may, upon being satisfied that the appellant has not him or herself defaulted under subrule (2), determine the appeal in the absence of the respondent or argument from the respondent, as the case may be.

Reasons for Judgment

Where Reasons in or Reduced to Writing

• 40.17 (1) In every appeal where reasons are given in writing or given orally and later reduced to writing, the clerk shall send a copy of the reasons:

  • (a) where an appellant or respondent has appeared in person, to the appellant or respondent, as the case may be;

  • (b) where the appellant has appeared by a solicitor of record, to the solicitor of record for the appellant;

  • (c) to the summary conviction appeal court from which the appeal was taken;

  • (d) where the respondent is the Attorney General, to the solicitor for the respondent in accordance with subrule 40.05 (1); and

  • (e) to the Regional Senior Judge of the Ontario Court (Provincial Division) in the region in which the proceedings arose.

Where Reasons in Writing Not Given

• (2) Where reasons in writing are not given, the clerk shall notify the summary conviction court of the result of the appeal.

Extension or Abridgement of Time

General Rule

• 40.18 (1) Any time limited by this rule may be extended or abridged by a judge, before or after the expiration of the time prescribed, in accordance with rule 3.02, except that the time limited by subrule 40.12(1) for making an application under s. 822(4) of the Code shall not be extended.

Notice

• (2) Notice of an application to extend or abridge a time limit unless made on consent or otherwise ordered by a judge, shall be served on each other party.

Rule 41: Stays Pending Appeal [Code, s. 261 & 683(5)]

Application of the Rule

41.01 This rule applies to applications for an order

• (a) under section 261 of the Code, directing that any order under subsection 259(1) or (2) arising out of a conviction or discharge in respect of an offence under any of sections 220, 221, 236, 249, 250, 251, 252, 253, 254, 255 or 259 of the Code be stayed pending the final disposition of an appeal or until otherwise ordered by the court; and,

• (b) under subsection 683(5) of the Code, directing that any order there described be suspended until an appeal under s. 813 has been determined.

To Whom Made

41.02 Applications under rule 41.01 shall be made to a judge of the appeal court in the region, county or district in which the appeal to which the application relates is to be heard.

Service of Notice

General Rule

• 41.03 (1) Service of the notice of application under rule 41.03 and the supporting materials required by rule 41.05 shall be made upon the prosecutor, in accordance with subrules 40.04(2) to (4), at least 2 clear days before the date fixed for the hearing of the application.

Manner of Service

• (2) Service of the notice of application and supporting materials shall be made in accordance with subrules 40.04(2) to (4).

Filing with Proof of Service

• (3) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 2 clear days before the date fixed for the hearing of the application.

Abridgment and Extension of Time

• (4) A judge of the appeal court, either before or upon the hearing of the application, may, by order, extend or abridge any time prescribed by this rule, on such terms as appear just.

Consent to Abridgment or Extension of Time

• (5) Any time prescribed by this rule for serving or filing the notice of application or supporting materials may be abridged or extended by consent in writing endorsed on the relevant document by the party served or in any other such form as a judge of the appeal court may direct.

Materials for Use on Application

Materials to be Filed

• 41.04 (1) The notice of application in Form 1 under this rule shall be accompanied by

  • (a) a copy of the information in which is contained the charge upon which the applicant was convicted or discharged of the offence to which the application relates;

  • (b) a copy of the notice of appeal and any supplementary notice of appeal;

  • (c) an affidavit of the applicant deposing to the matters described in subrule (2); and,

  • (d) a copy of any other material in the court file that is necessary for the hearing and determination of the application.

Affidavit of the Applicant

• (2) The affidavit of the applicant required by subrule (1)(c) shall contain

  • (a) particulars of the offence of which the applicant was convicted or discharged, including reference to the results of any analyses of the applicant’s bodily substances to determine the presence of alcohol or drugs, and whether the offence involved property damage, bodily harm or death;

  • (b) particulars of the applicant’s driving record, if any;

  • (c) a statement of the applicant’s places of abode in the three years’ preceding his conviction or discharge and where the applicant proposes to reside pending the determination of the appeal;

  • (d) particulars of the applicant’s employment prior to conviction or discharge, and whether such employment is reasonably expected to continue pending the determination of the appeal;

  • (e) particulars of the applicant’s criminal record, if any;

  • (f) a statement whether the applicant is addicted to the use of alcohol or other drugs and, if so, what steps, if any, the applicant has undertaken or proposes to undertake for the treatment of such addiction pending the determination of the appeal; and,

  • (g) particulars of what unnecessary hardship would be caused to the applicant if the stay were not entered.

Cross-Examination on Affidavit

• (3) Where an affidavit has been filed under this rule, the party opposite may cross-examine on such affidavit in accordance with rule 6.11.

Use of Agreed Statement of Facts

• (4) A judge, before or upon the hearing of the application, may act upon a statement of facts in accordance with rule 6.13.

Applicant’s Application Record and Factum

• (5) Unless the judge presiding on the hearing of the application otherwise orders, the applicant shall prepare, serve and file an application record in accordance with subrule 6.05(1) and (2) but no factum shall be required.

Respondent’s Application Record and Factum

• (6) The respondent may prepare, serve and file a respondent’s application record in accordance with subrule 6.05(3) but no factum shall be required.

Consent in Writing

41.05 The respondent may consent in writing to the order sought upon terms included in a draft order filed and a judge of the appeal court, satisfied that the relief sought by the applicant should be granted, may grant the order on such terms without the attendance of solicitors.

Rule 42: Release from Custody Pending Appeal [Code, s. 816, 832(1)]

Application of the Rule

42.01 This rule applies to applications by a person who was the defendant in summary conviction proceedings and by whom an appeal has been taken under section 813 or 830 of the Code for release from custody pending the hearing or determination of the appeal.

To Whom Application Made

42.02 An application under rule 42.01 shall be made to a judge of the appeal court in the region, county or district in which the appeal to which the application relates is to be heard.

Contents of Notice

42.03 The notice of application under this rule shall be in Form 1 and comply with rule 6.03.

Service of Notice

General Rule

• 42.04 (1) Service of the notice of application under rule 42.03 and the supporting materials required by rule 42.05 shall be made upon the prosecutor, in accordance with subrules 40.04(2) to (4), at least 2 clear days prior to the date fixed for the hearing of the application.

Manner of Service

• (2) Service of the notice of application and supporting materials shall be made in accordance with subrules 40.04(2) to (4).

Filing with Proof of Service

• (3) Notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 2 clear days before the date fixed for the hearing of the application.

Abridgment and Extension of Time

• (4) A judge of the appeal court, either before or upon the hearing of the application, may, by order, extend or abridge any time prescribed by this rule, on such terms as appear just.

Consent to Abridgment or Extension of Time

• (5) Any time prescribed by this rule for serving or filing the notice of application or supporting materials may be abridged or extended by consent in writing endorsed on the relevant document by the party served.

Materials for Use on Application

Materials to be Filed

• 42.05 (1) The notice of application in Form 1 under rule 42.03 shall be accompanied by

  • (a) a copy of the information in which is contained the charge in respect of which the appeal is taken;

  • (b) a copy of the notice of appeal and any supplementary notice of appeal;

  • (c) an affidavit of the applicant deposing to the matters described in subrule (2); and,

  • (d) a copy of any other material in the court file that is necessary for the hearing and determination of the application.

Affidavit of the Applicant

• (2) The affidavit of the applicant required by subrule (1)(c) shall state

  • (a) the particulars of the conviction and, where applicable, sentence imposed at trial;

  • (b) any grounds of appeal not specified in the notice of appeal or supplementary notice of appeal;

  • (c) the places of abode of the appellant in the three years’ preceding the conviction, and where the appellant proposes to reside if released;

  • (d) the employment of the appellant prior to conviction, whether the appellant expects to be employed if released and, if so, where;

  • (e) the criminal record of the appellant, if any;

  • (f) what hardship would be caused if the appellant were to be detained in custody pending the determination of the appeal; and

  • (g) where the appellant proposes to enter into a recognizance with sureties, the amount of money or value of other security that the appellant proposes should be deposited and, where practicable, the names of the sureties and the amount for which each is to be liable.

Affidavit on Behalf of the Prosecutor

• (3) Where the prosecutor desires to assert that the detention of the applicant is necessary in the public interest, and to rely on material other than required to be filed under subrule (1) or (2), the prosecutor shall file an affidavit setting out the facts upon which reliance is placed.

Cross-Examination on Affidavits

• (4) Where an affidavit has been filed under this rule, the party opposite may cross-examine on such affidavit in accordance with rule 6.11.

Use of Agreed Statement of Facts

• (5) A judge of the appeal court, before or upon the hearing of the application, may act upon a statement of facts in accordance with rule 6.13.

Applicant’s Application Record and Factum

• (6) The applicant shall prepare an application record which shall contain, in consecutively numbered pages arranged in the following order:

  • (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

  • (b) a copy of the notice of application;

  • (c) a copy of all material required to be filed under subrule (1), including a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and,

  • (d) a copy of any other material in the court file that is necessary for the hearing of the application

  but, unless a judge of the appeal court otherwise orders, no factum is required.

Respondent’s Application Record and Factum

• (7) Where the respondent is of the opinion that the application record is incomplete, the respondent shall, as soon as practicable after being served with the application record, prepare, serve on the applicant and file with the clerk, the respondent’s application record containing

  • (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and,

  • (b) a copy of the material to be used by the respondent on the application and not included in the application record

  but, except where otherwise ordered by a judge of the appeal court, no factum shall be required.

Material May be Filed as Part of Record

• (8) Any material served by a party for use on an application may be filed, together with proof of service, as part of the party’s application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material.

Relief from Compliance

• (9) Where it appears necessary in the interests of justice, a judge of the appeal court may dispense with compliance with this rule, in whole or in part, or give special directions with respect thereto.

Order Directing Release

Form of Order

• 42.06 (1) An order directing the terms upon which an accused is to be released from custody upon application under this rule may be in Form 10.

Sufficiency of Order

• (2) An order in Form 10 shall be sufficient authority for a justice of the peace to prepare the necessary undertaking or recognizance when satisfied that any condition precedent thereto has been met.

Consent in Writing

• (3) The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 10A, and a judge may grant such order without the attendance of solicitors.

Rule 43 Extraordinary Remedies [Code, s. 774 ff.]

Application of the Rule

43.01 This rule applies to applications in criminal matters by way of certiorari, habeas corpus, mandamus, procedendo and prohibition, including applications to quash a subpoena, warrant, conviction, inquisition or other order or determination and applications for discharge of a person in custody.

To Whom Application Made

43.02 Applications made under rule 43.01 shall be made to a judge of the court in the region, county or district in which the proceedings to which the application relates have been, are being or are to be taken.

Contents of Notice

General Rule

• 43.03 (1) A notice of application under this rule shall be in Form 1 and comply with rule 6.03 and shall also state the subpoena, warrant or other order or determination to which the application relates.

Applications to Quash

• (2) Where an applicant seeks to quash a warrant, conviction, order or determination, other than a subpoena or warrant to compel the attendance of a witness, there shall be endorsed upon the notice of application a notice in the following form addressed to the Court Services Manager or coroner or as the case may be:

  By virtue of Rule 43.03(3) of the Criminal Proceedings Rules of the Ontario Court of Justice (General Division), you are, upon receiving this notice, to return forthwith to the Clerk’s Office attrue copies of the conviction (or as the case may be) herein referred to, together with true copies of the indictment, information, exhibits and papers or other documents touching the matter, as fully and as entirely as they remain in your custody, together with this notice and the certificate prescribed in the said rule.

  Dated this day of , l9

  C.D.
  Solicitor for the Applicant

  To: A.B.

  Court Services Manager at

  (or coroner, or as the case may be)

Return to Clerk

• (3) Upon receipt of the notice of application endorsed under subrule (2), the Court Services Manager or coroner, as the case may be, shall forthwith return to the Clerk’s Office at the place where the application is returnable true copies of the conviction, order, or warrant, together with true copies of the indictment, information, exhibits and any other proceedings or documents touching the matter, and the notice served upon him or her with a certificate attached thereto in the following form:

  Pursuant to the accompanying notice I herewith return to this Honourable Court the following:

  True copies of:

  • 1 the information;

  • 2 the conviction (or as the case may be);

  • 3 the exhibits, if capable of reproduction and relevant to the matters in question;

  • 4 any other papers or documents touching the matter, if capable of reproduction and relevant to the matters in question.

  And I hereby certify to this Honourable Court that I have above truly set forth all exhibits, papers and documents in my custody or power relating to the matter set forth in the said notice of application.

  Date

  Court Services Manager (or
  coroner, as the case may be)

Effect of Return

• (4) Subject to subrules (5) and (6), the documents listed in the certificate under subrule (3), together with any transcript of the proceedings filed by the applicant, shall have the same effect in law as a return to a writ of certiorari.

• (5) Subject to subrule (6), service of a notice of application to quash under subrule (2) upon a provincial court judge, justice or justices, coroner, or as the case may be, suspends the proceedings which are the subject of the application.

• (6) A judge may, upon service of a notice of application therefor in such manner, if at all, as the judge may direct, order that the proceedings which are the subject of the application to quash shall continue upon such terms as appear just.

Further or Amended Return

• (7) The judge hearing an application to quash may direct a further or amended return.

Filing and Service of Notice of Application

Time for Giving Notice of Application

• 43.04 (1) An applicant shall give notice of application in Form 1 and in accordance with rule 43.03 within 30 days after the day on which the order which is the subject of the application was made or given.

General Rule

• (2) Notice of application shall be given

  • (a) where the application includes an application for prohibition, by personal service upon the provincial court judge, justice or justices, coroner or other person whose order is the subject of the application; and,

  • (b) where the applicant is Her Majesty the Queen in Right of Ontario or Canada, as represented by the Attorney General, and the respondent is an accused not represented by a solicitor, by personal service on the respondent, or, where the respondent is an accused represented by a solicitor, on the solicitor of record; or

  • (c) where the respondent is Her Majesty the Queen in Right of Ontario or Canada, as represented by the Attorney General, by service upon the prosecutor in accordance with rule 5; and,

  • (d) by filing, or sending by prepaid registered mail to the office of the clerk of the court in the place where the application is to be heard, two copies of the notice of application, together with proof of service thereof

  and the application shall be returnable within 30 days of service.

Extension of Time

• (3) A judge, either before or upon the hearing of the application may, by order, extend any time prescribed by this rule, on such terms as appear just.

Consent to Extension of Time

• (4) Any time prescribed by this rule for serving or filing the notice of application or supporting materials may be extended by consent in writing endorsed on the relevant document by the party served or in such other form as a judge of the court may direct.

Materials for Use on Application

Materials to be Filed

• 43.05 (1) The notice of application in Form 1 shall be accompanied by

  • (a) a copy of the subpoena, warrant, conviction or other order or determination which is the subject of the application;

  • (b) a copy of the indictment (information) containing the charge to which the application relates;

  • (c) where there is no or an incomplete record of the proceedings giving rise to the issuance of the subpoena, warrant or other order or determination which is the subject of the application, an affidavit of or on behalf of the applicant deposing to the matters described in subrule (2);

  • (d) a transcript of the proceedings giving rise to the issuance of the subpoena, warrant or other order or determination which is the subject of the application; and,

  • (e) a copy of any other material in the court file that is necessary for the hearing and determination of the application.

Affidavit of or on Behalf of the Applicant

• (2) The affidavit of or on behalf of the applicant described in clause (1)(c) shall include

  • (a) a description of the affiant’s status and the basis of his or her knowledge of the matters deposed;

  • (b) a statement of the particulars of the charge to which the application relates, together with a date or dates scheduled for trial or preliminary inquiry in respect of such charge;

  • (c) a statement of all facts material to a just determination of the application which are not disclosed in any other materials filed in support of the application;

  • (d) where the applicant seeks habeas corpus to obtain release from custody, the consent of the applicant to dispense with the issue of the writ of habeas corpus, the return thereto, and the presence of the applicant before the judge determining the application; and,

  • (e) where the applicant seeks habeas corpus to obtain release from custody, a statement that the applicant is not required to be detained in custody in respect of any other matter.

Cross-Examination on Affidavits

• (3) Where an affidavit has been filed under this rule, the party opposite may cross-examine on such affidavit in accordance with rule 6.11.

Use of Agreed Statement of Facts

• (4) A judge, before or upon the hearing of the application, may act upon a statement of facts in accordance with rule 6.13.

Applicant’s Application Record and Factum

• (5) The applicant shall prepare, serve and file an Application Record and Factum in accordance with subrules 6.05(1) and (2) and rules 6.06 and 6.07.

Respondent’s Application Record and Factum

• (6) The respondent shall prepare, serve and file an Application Record and Factum in accordance with subrule 6.05(3) and rules 6.06 and 6.08.

Consent in Writing

43.06 The respondent may consent in writing to the order sought upon terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted in the circumstances, may grant the order on such terms as are contained in the draft order filed without the attendance of solicitors.

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

(indicate whether applicant

or respondent)

- and -

(specify name of accused)

(indicate whether applicant

or respondent)

NOTICE OF APPLICATION

(Criminal Proceedings Rules, Form 1)

TAKE NOTICE that an application will be brought on day, the day of (specify month), 199, at (specify address of court house), for an order granting (set out relief sought).
THE GROUNDS FOR THIS APPLICATION ARE:
	1.	That ...
	2.	That ...
	3.	Such further and other grounds as solicitor may advise and this Honourable Court may permit.
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES UPON THE FOLLOWING:
	1.	(set out documents such as transcripts, etc., upon which the Applicant relies) evidence)
THE RELIEF SOUGHT IS:
	1.	An Order allowing the application and granting (indicate particular relief sought)
THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATION
	1.	By service in accordance with rule 5, through (specify address and fax number)
DATED at , , this day of , 199.

(signature of applicant or solicitor)

(set out name and address,

as well as telephone

and fax numbers)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

(indicate whether appellant

or respondent)

- and -

(specify name of accused)

(indicate whether appellant

or respondent)

NOTICE OF APPEAL

(Code, Section 813 or 830)

(Criminal Proceedings Rules, Rule 40, Form 2)

TAKE NOTICE that (indicate the name of the accused or name of the informant, or the Attorney General of , on behalf of Her Majesty the Queen) appeals against the (specify: conviction, order or sentence (subparagraphs 813(a)(i), (ii)), order staying proceedings, order dismissing an information, or sentence (subparagraphs 813(b)(i), (ii)) or conviction, judgment or verdict of acquittal or other final order or determination (subsection 830(1)), made by His (or Her) Honour Judge of the Ontario Court (Provincial Division) at , Ontario, on (specify date), 199.
THE DATES UPON WHICH THE SUMMARY CONVICTION COURT HEARD EVIDENCE ARE AS FOLLOWS:
	(specify all dates upon which evidence was heard)
THE GROUNDS FOR THIS APPEAL ARE:
	1.	That ...(indicate grounds for appeal, taking into consideration the statutory bases for appeal granted by the provision under which the appeal is instituted (i.e. the necessity of demonstrating error in point of law, excess of or refusal or failure to exercise jurisdiction if the appeal is brought under subsection 830(1))
	2.	That ...
	3.	Such further and other grounds as solicitor may advise and this Honourable Court may permit.
ON THE HEARING OF THIS APPEAL, THE APPELLANT WILL RELY UPON THE FOLLOWING:
	1.	(set out documents such as transcripts, etc., upon which the Appellant relies)
THE RELIEF SOUGHT IS:
	1.	An Order allowing the appeal ...
THE APPELLANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPEAL:
	1.	By service in accordance with rule 5, through (specify address and fax number)
DATED at , , this day of , 199.

(signature of appellant or solicitor)

(set out name and address,

as well as telephone

and fax numbers)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

(indicate whether appellant

or respondent)

- and -

(specify name of accused)

(indicate whether appellant

or respondent)

SUPPLEMENTARY NOTICE OF APPEAL

(Criminal Proceedings Rules, Rule 40.07, Form 2A)

TAKE NOTICE that in addition to the grounds of appeal set out in the Notice of Appeal filed on , 199, the Appellant will place reliance on the ground(s) of appeal set out below.
THE ADDITIONAL GROUNDS OF APPEAL ARE:
	1.	That ...(indicate grounds for appeal, taking into consideration the statutory bases for appeal granted by the provision under which the appeal is instituted (i.e. the necessity of demonstrating error in point of law, excess of or refusal or failure to exercise jurisdiction if the appeal is brought under subsection 830(1) of the Code)
DATED at , , this day of , 199.

(signature of appellant or solicitor)

(set out name and address,

as well as telephone

and fax numbers)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

(indicate whether appellant

or respondent)

- and -

(specify name of accused)

(indicate whether appellant

or respondent)

NOTICE OF INTENTION TO PRESENT APPEAL IN WRITING

(Criminal Proceedings Rules, Rule 40.11, Form 2B)

TAKE NOTICE that the Appellant intends to present his (or her) case on appeal and argument in writing.

THE APPELLANT will file his (or her) written factum within 30 days of the time at which the appeal is perfected within the meaning of subrule 40.09(1) of the Criminal Proceedings Rules.

DATED at , , this day of , 199.

(signature of appellant or solicitor)

(set out name and address,

as well as telephone

and fax numbers)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

(indicate whether appellant

or respondent)

- and -

(specify name of accused)

(indicate whether appellant

or respondent)

COURT REPORTER’S CERTIFICATE RESPECTING EVIDENCE

(Criminal Proceedings Rules, Rule 40.06, Form 2C)

THE UNDERSIGNED, A DULY QUALIFIED COURT REPORTER, CERTIFIES that the appellant has ordered 3 copies of the transcript of all oral evidence adduced at his (or her) trial, save and except as indicated below:

The evidence of (names of witnesses), which is not required for the appeal.

THE UNDERSIGNED ACTED AS THE COURT REPORTER IN THE SUMMARY CONVICTION COURT ON THE FOLLOWING DATES:(specify)

THE UNDERSIGNED ACKNOWLEDGES the obligation to proceed with reasonable diligence to prepare and certify the transcript and to notify in writing each party and the clerk of the court forthwith upon completion of the transcript.

DATED at , , this day of , 199.

(signature of court reporter)

(set out name and address,

as well as telephone

and fax numbers)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

HER MAJESTY THE QUEEN

- and -

(name of accused/applicant/
appellant/respondent)

(name and number of form)

	BACKSHEET
	(Criminal Proceedings Rules,
	Form 3)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

AFFIDAVIT OF(name)

(Criminal Proceedings Rules, Rule 4, Form 4)

I, (full name of deponent). of the (City, Town, etc.) of , in the (County, District, Regional Municipality, etc.), (set out the deponent’s capacity), MAKE OATH AND SAY (or AFFIRM):
	1.	(Set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact.)
SWORN (or Affirmed) before me at the (City, Town, etc.) of in the (County, District, Regional Municipality, etc.) of , on (date)

(deponent’s signature)

Commissioner for Taking Oaths

(or as may be)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE

(Criminal Proceedings Rules, Rule 27.03, Form 5)

TAKE NOTICE that the (identify party) will bring an application on day, the day of (specify month), 199, at (specify address of court house), for an order granting (set out precise relief sought).
THE GROUNDS FOR THIS APPLICATION ARE:
	1.	That ...
	2.	That ...
	3.	Such further and other grounds as solicitor may advise and this Honourable Court may permit.
THE CONSTITUTIONAL ISSUES TO BE RAISED ARE:
	1.	...(state concisely each issue to be raised)
	2.	...
	3.	...
THE CONSTITUTIONAL PRINCIPLES TO BE ARGUED ARE:
	1.	...
	2.	...
	3.	...
STATUTORY PROVISIONS OR RULES UPON WHICH THE APPLICANT PLACES RELIANCE ARE:
	1.	...
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES UPON THE FOLLOWING:
	1.	(briefly describe the documents such as affidavits, transcripts, etc., upon which the Applicant relies)
THE RELIEF SOUGHT IS:
	1.	An Order allowing the application and granting (indicate precise relief sought)
THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATION
	1.	By service in accordance with rule 5, through (specify address and fax number)
DATED at , , this day of , 199.

(signature of applicant or solicitor)

(set out name and address,

as well as telephone

and fax numbers)

To	The Attorney General of Ontario
	Constitutional Law Division
	7th Floor
	720 Bay Street
	Toronto, Ontario M5G 2K1
	The Attorney General of Canada
	Box 36
	3400 Exchange Tower
	First Canadian Place
	Toronto, Ontario M5X 1K6
	(or Justice Building
	239 Wellington Street
	Ottawa, Ontario K1A 0H8)
	and / or
	(office of the prosecutor)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

ACKNOWLEDGEMENT OF RECEIPT CARD

(Criminal Proceedings Rules, Rule 5, Form 6)

To (state full name)

You are served by mail with the documents enclosed with this card in accordance with the Criminal Proceedings Rules.

You are requested to sign the acknowledgement below and mail this card immediately after you receive it. If you fail to do so, the documents may be served upon you in another manner and you may have to pay the costs of service.

ACKNOWLEDGEMENT OF RECEIPT

I ACKNOWLEDGE that I have received a copy of the following documents: (To be completed in advance by the sender of the documents. Include sufficient particulars to identify each document.)

(signature of person served)

(The reverse side of this card must bear the name and address of the sender and the required postage.)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

AFFIDAVIT OF SERVICE

(Criminal Proceedings Rules, Rule 5, Form 7)

I, (full name) of the (City, Town, etc.) of , in the (County, District, Regional Municipality, etc.) of , MAKE OATH AND SAY (or AFFIRM):

(personal service)

1. On (date), at (time), I served (identify person served) with the (identify document(s) served) by leaving a copy with him (or her) at (address where service was made). (Where the rules provide for personal service on a corporation, etc., by leaving a copy of the document(s) with another person, substitute: by leaving a copy with (identify person by name and title) at (address where service was made).)

2. I was able to identify the person by means of (state the means by which the person’s identity was ascertained).

(service by leaving a copy with an adult person in the same household as an alternative to personal service)

1. I served (identify person served) with the (identify document(s) served) by leaving a copy on (date), at (time), with a person (insert name if known) who appeared to be an adult member of the same household in which (identify person served) is residing, at (address where service was made), and by sending a copy by prepaid first class (or registered or certified) mail on (date) to (identify person served) at the same address.

2. I ascertained that the person was an adult member of the household by means of (state how it was ascertained that the person was an adult member of the household).

3. Before serving the document(s) in this way, I made an unsuccessful attempt to serve (identify person) personally at the same address on (date). (If more than one attempt has been made, add: and again on (date).)

(service by mail as an alternative to personal service)

1. On (date), I sent a copy of (identify document(s) sent) to (identify person served) by prepaid first class (or registered or certified) mail to (name of solicitor), the solicitor for the (identify party), at (full mailing address).

(service by mail on a solicitor)

1. I served (identify person served) with the (identify document(s) served) by sending a copy by prepaid first class (or registered or certified) mail on (date) to (name of solicitor), the solicitor for the (identify party), at (full mailing address).

(service by telephone transmission of facsimile)

1. I served (identify party served) with the (identify document(s) served) by sending a copy by telephone transmission to (telephone number) on (date) to (name of solicitor) for the (identify party).

(service by mail on a party acting in person or a non-party)

1. I served (identify party or person served) with the (identify document(s) served) by sending a copy by prepaid first class (or registered or certified) mail on (date) to (full mailing address), the last known address of (identify party or person).)

SWORN (etc.)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

CERTIFICATE OF SERVICE BY SHERIFF

(Criminal Proceedings Rules, Rule 5.09, Form 8)

(personal service)

I, (full name), Sheriff (or Sheriff’s Officer) of the (County, District, Regional Municipality, etc.) of , certify that on (date), at (time), I served (identify person served) with (identify document(s) served) by leaving a copy with him (or her) at (address where service was made). (Where rules provide for personal service on a corporation, etc., by leaving a copy of the document(s) with another person, substitute: by leaving a copy with (identify person by name and title) at (address where service was made).)

I was able to identify the person by means of (state the means by which the person’s identity was ascertained).

(service by leaving a copy with an adult person in the same household as an alternative to personal service)

I, (full name), Sheriff (or Sheriff’s Officer) of the (County, District, Regional Municipality, etc.) of , certify that I served (identify person served) with this (these) document(s) by leaving a copy in a sealed envelope addressed to him (or her) on (date), at (time), with a person (insert name if known) who appeared to be an adult member of the same household in which (identify person served) is residing at (address where service was made), and by sending a copy by prepaid first class (or registered or certified) mail on (date) to (identify person served) at the same address.

I ascertained that the person was an adult member of the household by means of (state how it was ascertained that the person was an adult member of the household).

Before serving the document(s) in this way, I made an unsuccessful attempt to serve (identify person) personally at the same address on (date). (If more than one attempt has been made, add: and again on (date).)

Date:		Signature of Sheriff or Sheriff’s Officer

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

(Applicant, Appellant

or Respondent)

- and -

(specify name of accused)

(Applicant, Appellant

or Respondent)

NOTICE OF ABANDONMENT

(Criminal Proceedings Rules, Form 9)

TAKE NOTICE that the (specify whether Applicant or Appellant) hereby wholly abandons his (or her) application for (or appeal against) (indicate the nature of the order and relief sought in the case of an application or the conviction, order or sentence (in the case of an appeal instituted under paragraph 813(a) of the Code), the order staying proceedings on or dismissing an information or against sentence (in the case of an appeal instituted under paragraph 813(b) of the Code) or the conviction, judgment or verdict of acquittal or other final order or determination (in the case of an appeal instituted under subsection 830(1)).

DATED at , , this day of , 199.

(signature of applicant or appellant

or solicitor acting on behalf of that person)

(name and address)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

RELEASE ORDER

(Code, Sections 520 to 523, 816)

(Criminal Proceedings Rules, Rules 20 & 42, Form 10)

To the keeper of the (specify custodial facility) at (specify where):

I hereby direct you to release (specify name of the accused) detained by you under warrant of committal (or order) dated the day of , 199, provided that the said (specify name of accused) is detained by you for no other cause, upon the terms of the Conditions of Release (Criminal Proceedings Rules, Form 10A) accompanying this Order.

DATED at , , this day of , 199.

(seal, if required)		Justice,
		Ontario Court of Justice

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

CONDITIONS OF RELEASE

(Code, Sections 520 to 523, 816)

(Criminal Proceedings Rules, Rules 20 & 42, Form 10A)

NOTE:		THIS FORM IS A DRAFT ORDER TO BE COMPLETED BY SOLICITOR OF RECORD. IT DOES NOT HAVE THE EFFECT OF AN ORDER OF THE COURT UNLESS ACCOMPANIED BY AN ORDER IN FORM 10, DULY SIGNED BY A JUDGE OF THE ONTARIO COURT OF JUSTICE.
WHEREAS (specify name of accused), hereinafter call the accused, has been (charged or convicted) that he (or she) on or about did commit the offence(s) of
IT IS ORDERED that the said accused be released upon his giving or entering into
[*]	1.	an undertaking without conditions
[*]	2.	(a)	an undertaking with conditions;
[*]		(b)	a recognizance without sureties in the amount of $ ;
[*]		(c)	a recognizance with one or more sufficient sureties in the amount of $ ;
[*]		(d)	a recognizance, with the consent of the prosecutor, in the amount of $ , (with or without conditions) and upon depositing with the Justice the sum of $  in money or other valuable security , namely, , to the value of $ ;
[*]		(e)	a recognizance (with one or more sufficient/without sureties), in the amount of $ , and upon his (or her) depositing with the Justice before whom he enters into the recognizance the sum of in money or other valuable security, namely, , to the value of $
	3.	THE SAID CONDITIONS being that the said accused shall (mark appropriate boxes)
[*]		(a)	report at (specify place, day and time) to (name of the officer);
[*]		(b)	remain within (designated territorial jurisdiction);
[*]		(c)	keep the peace and be of good behaviour;
[*]		(d)	reside at and notify the clerk of the court of any change of address in writing and within 24 hours of any such change in his (or her) address;
[*]		(e)	abstain from communicating, directly or indirectly, with (name of witness, alleged victim or other person) except upon the following conditions: ;
[*]		(f)	deposit his (or her) passport with (specify person who is to receive passport, i.e., the reporting officer or the clerk of the court), and not apply for another one;
[*]		(g)	appear in person at the hearing of his (or her) appeal at the date, time and place fixed by the court, or surrender into custody on , 199, whichever is the earlier;
[*]		(h)	attend court on (specify date of next court appearance);
[*]		(i)	pursue the appeal with all due diligence;
[*]		(j)	seek and maintain employment or continue education;
[*]		(k) . (set out any other reasonable condition(s) to be included in the order)
DATED at , Ontario, this day of , 199.

(signature of solicitor for the Crown)		(signature of solicitor for the defence)

Approved as to content:

Justice,

Ontario Court of Justice

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

ORDER RELEASING EXHIBIT(S) FOR SCIENTIFIC TESTING

(Code, Subsection 605(1))

(Criminal Proceedings Rules, Rule 21, Form 11)

UPON THE APPLICATION made on the day of , 199, by solicitor of record on behalf of the for an Order releasing for purposes of scientific tests and examination (a) certain exhibit(s) currently in the custody of the Court;
AND UPON reading the Notice of Application dated , 199 and the Affidavit(s) of , sworn , 199:
IT IS ORDERED that Exhibit(s) (specify number(s))(briefly describe exhibit(s)) be released from the custody of the Local Registrar of the Ontario Court of Justice (General Division), subject to the following terms and conditions:
	(a)	that the exhibit(s) should be released forthwith to who shall take such reasonable steps as he is advised by the proposed examiners to maintain the integrity of the exhibit(s) for scientific testing;
	(b)	that the reasonable expenses of this examination shall be paid by the (specify Crown or defence);
	(c)	that all reasonable steps shall be taken to preserve the samples for any further or other scientific testing;
	(d)	that the results of the testing, together with any supporting or preliminary material, be disclosed to defending solicitor forthwith upon the preparation of a report of such finding, if any;
	(e)	that there be no further or other testing or examination of the exhibit(s) or any product or result of such testing or examination, which is not disclosed to both parties through their solicitors, both solicitors undertaking that they will not direct, authorize or request any testing or examination of the exhibit(s) or anything produced by such testing or examination, without the consent of and complete disclosure to the party opposite through solicitors;
	(f)	that upon the completion of such testing the exhibit(s) shall be returned to the custody of who shall take all such reasonable steps as he is advised by the examiners to maintain the integrity of the exhibit(s) for further scientific or other examination, if ordered, and for their presentation at trial; and
	(g)	that the making of the application, the representations made, the reasons given nor the result shall be disclosed, prior to the trial of the accused, or until further order of this Court.
	(h)	(state any other reasonable conditions required by the circumstances of the case)

DATED at , Ontario, this day of , 199.

Justice,

Ontario Court of Justice

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

ORDER FOR ATTENDANCE OF PRISONER AT A COURT PROCEEDING

(Code, Subsection 527(1))

(Criminal Proceedings Rules, Rule 23, Form 12)

TO: (specify name of gaoler), (specify position of the gaoler, i.e., Superintendent) of (specify name of gaol):

UPON application in writing made this day by the said Applicant and (specify others, if any), for an Order made pursuant to the provisions of subsection 527(1) of the Criminal Code, requiring that (specify name of inmate), presently confined in the (specify name of gaol), at , (specify province), be brought before the presiding Judge of the (specify court before which inmate is to be brought) at , Ontario, on the day of , 199, and from day to day thereafter as his (or her) attendance may be required in order that the said (specify name of inmate) may attend and (specify purpose of attendance) in accordance with Code, subsection 527(1), and upon reading the said application dated this day of , 199, and (specify other material, if any, filed), filed, and upon being satisfied that the ends of justice require that an order of the nature requested be made;

IT IS ORDERED that (specify name of gaoler), (specify position of gaoler), of (specify name of gaol), in , (specify province), deliver the said (specify name of inmate), presently an inmate confined at that facility, to (specify name of officer to receive prisoner), who shall receive the said prisoner from the said (specify name of gaoler);

IT IS FURTHER ORDERED that the said (specify name of officer to receive the inmate), in company with such other peace officers as he deems necessary, shall deliver the said (specify name of inmate) on the day of , 199, to the of , in the (specify name of prison), where the said (specify name of inmate) is to remain in custody until the day of , 199, at which time he is to be brought before the presiding Judge of the (specify court before which accused is to be brought), in the of , Ontario, for the purpose of (specify purpose of attendance in accordance with Code, subsection 527(1)), and to be thereafter dealt with in accordance with the order of the Judge there presiding;

AND IT IS FURTHER ORDERED that the said (specify name of inmate) be redelivered to the said (specify prison in which the inmate was kept prior to the order) by the said (specify name of officer who received the inmate from the prison), in company with such other officers as he (or she) deems necessary, at the completion of the proceedings for which his (or her) attendance is required unless the presiding Judge otherwise directs or he (or she) is otherwise dealt with according to law.

DATED at , Ontario, this day of , 199.

(seal)	Justice,
	Ontario Court of Justice

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

ORDER FOR TRANSFER OF PRISONER TO CUSTODY OF PEACE OFFICER

(Code, Subsection 527(7))

(Criminal Proceedings Rules, Rule 23, Form 13)

TO: (specify name of gaoler), (specify position of gaoler, i.e., Superintendent), of (specify name of gaol):

UPON application in writing made this day by (specify name of prosecutor), for an Order made pursuant to the provisions of subsection 527(7) of the Criminal Code, transferring (specify name of prisoner), presently confined at (specify name of gaol), at , (specify province), to the custody of (specify name of peace officer), a peace officer, for (specify period of transfer), for the purpose of assisting (specify name of or otherwise describe peace officer) acting in the execution of his (or her) duties, and upon reading the said application dated this day of , 199, and the consent in writing of the prisoner, (specify name of prisoner), filed, and upon being satisfied that the transfer is required for the purposes of assisting a peace officer acting in the execution of his (or her) duties;

IT IS ORDERED that (specify name of gaoler), (specify position of gaoler), of (specify name of gaol), in , (specify province), deliver the said (specify name of prisoner), presently a prisoner confined at that facility, to (specify name of officer to receive prisoner), who shall receive the said prisoner from the said (specify name of gaoler);

IT IS FURTHER ORDERED that the said (specify name of officer to receive the prisoner), in company with such other peace officers as he deems necessary, shall keep the said (specify name of prisoner in his/her custody) until the day of , 199, at which time he (or she) is to be redelivered to the said (specify name of prison in which the prisoner was kept prior to the order) by the said (specify name of officer who received the prisoner from the prison), in company with such other officers as he (or she) deems necessary.

DATED at , Ontario, this day of , 199.

(seal)	Justice,
	Ontario Court of Justice

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

ORDER FOR ATTENDANCE OF PRISONER AT

JUDICIAL INTERIM RELEASE OR REVIEW APPLICATION HEARING

(Criminal Proceedings Rules, Rule 20, Form 13A)

TO: (specify name of gaoler), (specify position of gaoler, i.e., Superintendent), of (specify name of gaol):

UPON reviewing the Notice of Application for (specify judicial interim release or review), dated the day of , 199, and the affidavit of (specify name of accused), presently confined at (specify name of institution) and upon being satisfied that a temporary transfer of the accused is required for the purpose of permitting the accused to attend the pending hearing of an application for (specify judicial interim release or review);

IT IS ORDERED that (specify name of gaoler), (specify position of gaoler), of (specify name of gaol), in , (specify province), deliver the said (specify name of prisoner), presently a prisoner confined at that facility, to (specify name of police force or police officer to receive prisoner), who shall receive the said prisoner from the said (specify name of gaoler);

IT IS FURTHER ORDERED that the said (specify name of police force or police officer to receive the prisoner), in company with such other peace officers as he deems necessary, shall keep the said (specify name of prisoner in his/her custody) only as long as is necessary for the purpose of bringing about the attendance of the accused at the hearing of the application, after which time he (or she) is to be redelivered to the said (specify name of prison in which the prisoner was kept prior to the order) by the said (specify name of police force or police officer receiving the prisoner from the prison), in company with such other officers as may be deemed necessary.

DATED at , Ontario, this day of , 199.

(seal)	Justice,
	Ontario Court of Justice

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

COMMISSION

(Code, Section 709)

(Criminal Proceedings Rules, Rule 24, Form 14)

YOU HAVE BEEN APPOINTED A COMMISSIONER for the purpose of taking evidence in this proceeding now pending in this court by order of the court made on (date), a copy of which is attached.

YOU ARE GIVEN FULL AUTHORITY to do all things necessary for taking the evidence mentioned in the order authorizing this commission.

You are to send to this court a transcript of the evidence taken, together with this commission, forthwith after the transcript is completed.

In carrying out this commission, you are to follow the terms of the attached order and the instructions contained in this commission.

THIS COMMISSION is signed and sealed by order of the court.

Date		Issued by
		Local Registrar
		Address of Court Office

The registrar is to attach to this commission a copy of rule 24 and of section 709 of the Criminal Code.
INSTRUCTIONS TO COMMISSIONER
1. This commission is to be conducted in accordance with rule 24 of the Ontario Criminal Proceedings Rules, a copy of which is attached, to the extent that it is possible to do so. The law of Canada applies to the taking of the evidence.
2. Before acting on this commission, you must take the oath (or affirmation) set out below. You may do so before any person authorized to do so under the laws of Ontario.
	I, , swear (or affirm) that I will, according to the best of my skill and knowledge, truly and faithfully and without partiality to any of the parties take the evidence of every witness examined under this commission, and cause the evidence to be transcribed and forwarded to the court. (In an oath, conclude: So help me God)

Sworn (or Affirmed) before me at the (City, Town, etc.) of (Province, State, etc.) of , on (date).
(Signature and office of person before whom oath or affirmation is taken)		(Signature of Commissioner)

3. The examining party is required to give the person to be examined at least days notice of the examination and, where the order so provides to pay attendance money to the person to be examined.
4. You must arrange to have the evidence before you recorded and transcribed. You are to administer the following oath (or affirmation) to the person who records and transcribes the evidence:
	You swear (or affirm) that you will truly and faithfully record and transcribe all questions put to all witnesses and their answers in accordance with the directions of the commissioner. (In an oath, conclude: So help you God.)
On consent of the parties, or where the order of this commission provides for it, the examination may be recorded by videotape or other similar means.
5. You are to administer the following oath (or affirmation) to each witness whose evidence is to be taken:
	You swear (or affirm) that the evidence to be given by you touching the matters in question between the parties to this proceeding shall be the truth, the whole truth, and nothing but the truth. (In an oath, conclude: So help you God.)
6. Where a witness does not understand the language or is deaf or mute, the evidence of the witness must be given through an interpreter. You are to administer the following oath (or affirmation) to the interpreter:
	You swear (or affirm) that you understand the language and the language in which the examination is to be conducted and that you will truly interpret the oath (or affirmation) to the witness, all questions put to the witness and the answers of the witness, to the best of your skill and understanding. (In an oath, conclude: So help you God.)
7. You are to attach to this commission the transcript of the evidence and the exhibits, and any videotape or other recording of the examination. You are to complete the certificate set out below, and mail this commission, the transcript, the exhibits and any videotape or other recording of the examination to the office of the court where the commission was issued. You are to keep a copy of the transcript and, where practicable, a copy of the exhibits until the court disposes of this proceeding. Forthwith after you mail this commission and the accompanying material to the court office, you are to notify the parties who appeared at the examination that you have done so.
CERTIFICATE OF COMMISSIONER
I, , certify that:
1. I administered the proper oath (or affirmation) to the person who recorded and transcribed the evidence, to the witness the transcript of whose evidence is attached and to any interpreter through whom the evidence was given.
2. The evidence of the witness was properly taken.
3. The evidence of the witness was accurately transcribed.

Date

(Signature of commissioner)

(Court seal)

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

LETTER OF REQUEST

(Code, Section 709)

(Criminal Proceedings Rules, Rule 24, Form 15)

TO THE JUDICIAL AUTHORITIES OF (name of province, state or country)

A CRIMINAL PROCEEDING IS PENDING IN THIS COURT at the (City, Town, etc.) of , in the Province of Ontario, Canada, between Her Majesty The Queen and (set out name of accused).

IT HAS BEEN SHOWN TO THIS COURT that it appears necessary for the purpose of justice that a witness residing within your jurisdiction be examined there.

THIS COURT HAS ISSUED A COMMISSION to (name of commissioner) of (address of commissioner), providing for the examination of the witness (name of witness), of (address of witness).

YOU ARE REQUESTED, in furtherance of justice, to cause (name of witness) to appear before the commissioner by the means ordinarily used in your jurisdiction, if necessary to secure attendance, and to answer questions under oath or affirmation (where desired, add: ) and to bring to and produce at the examination the following documents and things: (Set out the nature and date of each document and give particulars sufficient to identify each document and thing).

YOU ARE ALSO REQUESTED to permit the commissioner to conduct the examination of the witness in accordance with the law of evidence of Canada and Ontario Criminal Proceedings Rules and the commission issued by this court.

AND WHEN YOU REQUEST IT, the courts of Ontario are ready and willing to do the same for you in a similar case.

THIS LETTER OF REQUEST is signed and sealed by order of the court made on (date).

Date
Issued by
Local Registrar
	Address of Court Office

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

ORDER FOR COMMISSION AND LETTER OF REQUEST

(Code, Section 709)

(Criminal Proceedings Rules, Rule 24, Form 16)

1. THIS COURT ORDERS (give particulars of any directions given by the court under rule 24.).

2. THIS COURT ORDERS that the registrar prepare and issue a commission naming (name), of (address), as commissioner to take the evidence of the witness(es) (name of witness(es)) in (name of province, state or country) for use at trial.

3. THIS COURT ORDERS that the registrar prepare and issue a letter of request conforming with Form 15 of the Criminal Proceedings Rules, addressed to the judicial authorities of (name of province, state or country), requesting the issuing of such process as is necessary to compel the witness (or witnesses) to attend and be examined before the commissioner.

DATED at , Ontario, this day of , 199.

	Justice,
	Ontario Court of Justice

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

PRE-HEARING CONFERENCE REPORT

(Code, Section 625.1)

(Criminal Proceedings Rules, Rule 28, Form 17)

NOTE:

THE POSITIONS HEREIN ARE TENTATIVE, ALL AGREEMENTS ARE WITHOUT PREJUDICE AND PURELY FOR THE ASSISTANCE OF THE COURT IN THE RESOLUTION OF TRIAL PROBLEMS. IF ANY CHANGE BECOMES NECESSARY, THE SOLICITORS WILL ENDEAVOUR TO ADVISE EACH OTHER AND THE COURT PROMPTLY.

I INTRODUCTORY MATTERS
A. PROCEDURAL HISTORY
1	Date of Offence(s)
2	Date of Original Information(s)
3	Length of Preliminary Inquiry
	(a)	Was a preliminary inquiry held?
	(b)	Was the hearing of any or all evidence waived pursuant to subsection 549(1) of the Code? If so, give details.
	(c)	Was the accused ordered to stand trial in respect of the offence charged in the information or in respect of another or additional indictable offence in respect of the same transaction? Specify.
	(d)	Is the transcript of evidence available?
4	Date of Order(s) to Stand Trial:
5	Date of Filing Indictment:
6	Date(s) Fixed for Trial:
7	Solicitor for the Prosecution:
8	Solicitor for the Accused:
9	Did the solicitor conducting the trial also appear at the preliminary inquiry?
	Give details.
B. JUDICIAL INTERIM RELEASE
1	Date of Arrest or Apprehension:
2	Date of Incarceration in respect of offence(s) alleged in indictment:
3	Is accused required to be detained in custody in respect of any other matters?
	Give applicable details.
4	Release from Custody
	(a)	Has accused been released from custody in respect of the offence(s) alleged in the indictment?
	(b)	When was accused released from custody in respect of the offence(s) alleged in the indictment?
	(c)	Upon what form of release?
	(d)	Since release has the accused been re-incarcerated in respect of the offence(s) alleged in the indictment?
		Give details.
C. MODE OF TRIAL
1	Do[es] offence(s) charged fall within section 469 of the Code?
2	Will there be an application under subsection 473(1) of the Code to try the matter without a jury?
3	Has the accused elected trial by		Judge alone	[*]
			Judge and Jury	[*]
4	Will there be a re-election for trial by		Judge alone	[*]
			Judge and Jury	[*]
5	If consent is required to permit re-election to be made, will consent be given?
D. DISCLOSURE
1	Has the prosecutor made disclosure to solicitor of record for the accused [or, accused]?
	*(a)	in accordance with the guidelines of the Attorney General?
	*(b)	by responding to all reasonable requests to make known to the accused or solicitor of record for the accused all relevant factual matters?
2	Is further disclosure requested? Give details.

II PRE-TRIAL MATTERS
A. THE VALIDITY OF COMMITTAL PROCEEDINGS
	Will there be/has there been an application to quash the order to stand trial? Give details.
B. THE INSTITUTION OF CONTINUANCE OF PROCEEDINGS
1	Will it be argued that proceedings ought to be stayed or otherwise disposed of prior to final adjudication upon the basis that their institution or continuance
	(a)	constitutes an abuse of process
	(b)	contravenes any of the following provisions of the Charter
	(i)	section 7		[*]
	(ii)	paragraph 11(b)		[*]
	(iii)	paragraph 11(d)		[*]
	(iv)	paragraph 11(g)		[*]
	(v)	paragraph 11(h)		[*]
	(vi)	section 15		[*]
	(vii)	Other (please specify)
2	Will there be/has there been a motion to change the venue of trial? Give details.
C. THE SUFFICIENCY OF THE INDICTMENT
1	Is the indictment or [a] count[s] thereof alleged to be legally insufficient having regard to
			YES	NO
	(a)	the provisions of subsection 581(1) of the Code	[*]	[*]
	(b)	the provisions of subsection 581(3) of the Code	[*]	[*]
2	Has there been a request or demand for particulars?		[*]	[*]
3	Have particulars been supplied?		[*]	[*]
4	Will there be a motion for particulars?		[*]	[*]
	Give details.
5	Will there be a request to amend the indictment or a count thereof?		[*]	[*]
	Give details.
D. JOINDER AND SEVERANCE
1	Will there be a motion to sever the trial of certain counts from the trial of others?		[*]	[*]
	Upon what basis?
2	Will there be a motion to sever the trial of certain accused from the trial of another [others]?		[*]	[*]
	Upon what basis?
E. THE SPECIAL PLEAS
			YES	NO
1	Will any of the special pleas be raised?		[*]	[*]
	Give details.
F. THE COMPOSITION OF THE JURY
1	Will there be a challenge to the array of prospective jurors?		[*]	[*]
	Upon what basis?
2	Will prospective jurors be challenged for cause?		[*]	[*]
	Upon what basis?
3	In the event of a challenge for cause, will the solicitors be submitting a list of proposed questions to be asked of the prospective jurors?

III THE TRIAL
A. THE ISSUE OF FITNESS
				YES	NO
1	Is the issue of the fitness of an accused to stand trial raised in these proceedings?			[*]	[*]
	By the prosecutor:			[*]	[*]
	By the defence:			[*]	[*]
2	Has disclosure been made of any medical or other reports bearing upon the issue of fitness?			[*]	[*]
	By the prosecutor:			[*]	[*]
	By the defence:			[*]	[*]
3	Will copies of such reports be made available to the trial judge?			[*]	[*]
4	Was the issue of fitness raised at the preliminary inquiry in this matter?			[*]	[*]
	Give details.
				YES	NO
5	Will the issue of fitness be contested at trial?			[*]	[*]
	By the prosecutor:			[*]	[*]
	By the defence:			[*]	[*]
6	How long will it take to adduce the evidence on the fitness issue?
B. EVIDENTIARY MATTERS
1	SIMILAR ACTS
	Will evidence of similar acts be tendered for admission by the prosecution?			[*]	[*]
	Give details.
	Is the admissibility of such evidence contested by the defence?			[*]	[*]
	Upon what basis?
2	STATEMENTS TO PERSONS IN AUTHORITY
	Will evidence be adduced of statements alleged to have been made by an accused to a person in authority?			[*]	[*]
	Give details.
				YES	NO
	Is the admissibility of such evidence contested by the defence?			[*]	[*]
	Upon what basis will a voir dire be requested?			[*]	[*]
	Voluntariness
	Non-compliance with section 10 of the Charter			[*]	[*]
	Other (specify)			[*]	[*]
	How long will voir dire take?			[*]	[*]
3	HEARSAY
	Is the admissibility of any evidence contested on the basis of the hearsay rule?			[*]	[*]
	Will it be argued that any evidence proposed for admission qualifies as an exception to the hearsay rule? Give details.			[*]	[*]
4	EXPERT EVIDENCE
				YES	NO
	Will the opinion evidence of a duly qualified expert be tendered for admission?			[*]	[*]
	By the prosecutor:			[*]	[*]
	By the defence:			[*]	[*]
	Upon what issue(s) will such evidence be tendered?
	Is the admissibility of the proposed evidence contested?			[*]	[*]
	Upon what basis?
5	PRIVILEGE
	Will any claim of privilege be asserted in respect of any evidence proposed for introduction?			[*]	[*]
	By the prosecutor:			[*]	[*]
	By the defence:			[*]	[*]
	Upon what basis?
6	SEARCH AND SEIZURE
				YES	NO
	Is the admissibility of any evidence alleged to constitute a search or seizure within section 8 of the Charter contested?			[*]	[*]
7	INTERCEPTED PRIVATE COMMUNICATIONS AND THEIR DERIVATIVES
	Will evidence of intercepted private communications be tendered for admission?			[*]	[*]
	Will a voir dire be required to determined admissibility?			[*]	[*]
	Is the evidence alleged to be admissible pursuant to
	(i)	an authorization		[*]	[*]
	(ii)	consent		[*]	[*]
	Is the evidence tendered for admission under
	(i)	paragraph 189(1)(a) of the Code		[*]	[*]
	(ii)	paragraph 189(1)(b) of the Code		[*]	[*]
	Is the adequacy of the subsection 189(5) of the Code notice contested?			[*]	[*]
	Upon what basis?
	Upon the voir dire to determine admissibility will any of the following applications be made, namely,
	(i)	an application to open the sealed packet under subparagraph 187(1)(a)(ii),		[*]	[*]
	(ii)	an application to set aside the order [Wilson application],		[*]	[*]
	(iii)	an application alleging fraud in the obtaining of the order,		[*]	[*]
	(iv)	an application alleging that the interceptions were not “made in accordance with an authorization”, or		[*]	[*]
	(v)	an application alleging that the consent was vitiated by coercion?		[*]	[*]
	Are there any admissions made in respect of the conduct of the voir dire?			[*]	[*]
	Give details.
	How long is the voir dire reasonably expected to take?
	Upon the trial will there be any issue taken in respect of the following matters, namely,
	(i)	voice identification;		[*]	[*]
	(ii)	tape accuracy, integrity and continuity;		[*]	[*]
	(iii)	the use of transcripts as an aid to understanding;		[*]	[*]
	(iv)	the admissibility of transcripts as exhibits.		[*]	[*]
8	THE COMPETENCY OF WITNESSES
				YES	NO
	Will there be any allegation that a witness to be called by the prosecutor
	(i)	is incompetent to testify on account of age or lack of mental capacity;		[*]	[*]
	(ii)	is capable only of giving evidence unsworn.		[*]	[*]
		Give details.
	Will there be any allegation that a witness to be called by the prosecutor
	(i)	is incompetent to testify on account of age or lack of mental capacity;		[*]	[*]
	(ii)	is capable only of giving unsworn testimony.		[*]	[*]
B. PROCEDURAL ISSUES
1	DIRECTED VERDICT
	Will application be made at the conclusion of the prosecution’s case for a directed verdict of acquittal?			[*]	[*]
	Upon what basis?
2	OTHER PROCEDURAL ISSUES
	Are there any other procedural matters upon which the trial judge will be asked to rule?			[*]	[*]
	Give details.
3	LENGTH OF TRIAL
	How long is it reasonably anticipated that the trial will take?
C. THE POSITIONS OF THE PARTIES
1	THE POSITION OF THE PROSECUTOR
	What is the position of the prosecutor in relation to each accused?
	Upon what legal basis does the prosecutor seek to establish the liability of the accused?
	(a)	The Definition of the Offence Criminal Code provisions applicable: [Specify, for example, paragraph 229(a), subsection 231(5) (sexual assault) etc.]
	(b)	The Basis of Liability
	Criminal Code provisions applicable: [Specify, for example, paragraph 21(1)(b), subsection 21(2), etc.]
2	THE POSITION OF THE DEFENCE
	What is the position of the defence?
	Is it reasonably anticipated that any of the following defences may be raised:
				YES	NO
	(a)	Alibi		[*]	[*]
	(b)	Automatism		[*]	[*]
	(c)	Intoxication		[*]	[*]
		(i)	Drugs	[*]	[*]
		(ii)	Alcohol	[*]	[*]
	(d)	Diminished Capacity		[*]	[*]
	(e)	Accident		[*]	[*]
	(f)	Identity		[*]	[*]
	(g)	Private Defence		[*]	[*]
		(i)	Self	[*]	[*]
		(ii)	Others	[*]	[*]
		(iii)	Property	[*]	[*]
		(iv)	Justification	[*]	[*]
	(h)	Insanity		[*]	[*]
	(i)	Necessity		[*]	[*]
	(j)	Duress		[*]	[*]
	(k)	Compulsion		[*]	[*]
	(l)	Provocation		[*]	[*]
				YES	NO
	Will the character of the victim be the subject-matter of evidence?			[*]	[*]
	Upon what basis?
DATED at , Ontario, this * day of *, 199.

	JUSTICE,
	ONTARIO COURT OF JUSTICE

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify) Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

CRIMINAL PRE-TRIAL CONFERENCE REPORT

(Criminal Proceedings Rules, Rule 28, Form 18)

DATE: JUSTICE:

REGINA v.

• COUNSEL: 

  Crown:
  Accused:

Date of Offence: Date Accused Charged:

Date of Committal: Date Indictment Filed:

Trial Date:  

CHARGES IN INDICTMENT
			Yes	No
1	Has disclosure been made?		☐	☐
2	Admissions by defence:		☐	☐
3	Identity in issue?		☐	☐
4	Continuity in issue?		☐	☐
5	Preliminary matters to be raised before arraignment
	(a)	Motion to quash	☐	☐
	(b)	Motion to sever	☐	☐
	(c)	Motion to stay (paragraph 11(b) of the Charter)	☐	☐
	(d)	Other	☐	☐
6	Statements tendered?
	— Oral		☐	☐
	— Written		☐	☐
	Voir dires required?		☐	☐
	— Estimated length:
7	Voir dire or ruling required for any other purpose?		☐	☐
	(a)	Voir dire paragraph 10(b) of the Charter (right to counsel)	☐	☐
	(b)	Similar fact evidence	☐	☐
	(c)	Section 8 of the Charter unreasonable search or seizure	☐	☐
	(d)	Section 9 of the Charter (arbitrary detention)	☐	☐
	(e)	Section 7 of the Charter (denial of life, liberty and security of the person)	☐	☐
	(f)	Other Charter issues	☐	☐
8	Number of witnesses to be called by Crown
9	Expert evidence to be called by Crown?		☐	☐
	Expert evidence to be called by Defence?		☐	☐
10	Are victims or witnesses under 18 (or publication restricted under section 486 of the Code)?		☐	☐
11	DISPOSITION:
	Plea Re-election Trial date set
12	Estimated length of trial by Crown:
	Jury Non Jury
	Estimated length of trial by Defence:
	Jury Non Jury
13	Any other matters resolved or matters that should be brought to trial Judge’s attention		☐	☐
[ ]	Challenge for cause
[ ]	SeaboyerFootnote for 1, section 276 of the Code
[ ]	Admissions re medical evidence
[ ]	Section 16 of the Canada Evidence Act
[ ]	Other legal arguments
	Justice

• Return to footnote ¹R. v. Seaboyer [1991] 2 S.C.R. p. 577

• SI/97-121, s. 1

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

APPELLANT’S FACTUM — APPEAL FROM SENTENCE ONLY

(Criminal Proceedings Rules, Rule 40, Form 19)

PART IParticulars of the Case

1	Place of conviction
2	Name of Judge
3	Offence(s) of which accused convicted
4	Section(s) of Criminal CodeFootnote for 1 under which accused convicted
5	Plea at trial
6	Length of trial
7	Sentence imposed
8	Date of conviction
9	Date of sentence
10	Present place of incarceration (if applicable)
11	If Appellant released on bail pending appeal, date of releaseFootnote for 2
12	Period spent in pre-trial/pre-sentence incarcerationFootnote for 3
13	Parole eligibility dateFootnote for 4
14	Name(s) of co-accused and sentence(s) imposed for offence(s) upon which he/they was/were convictedFootnote for 5
15	Does Appellant have a prior criminal record?Footnote for 6
16	Present employment
17	Present marital status
18	Appellant’s present age and age at the time of offence
19	Was there a pre-sentence report prepared?Footnote for 7
20	Were there any medical, psychological, psychiatric or similar reports referred to or filed at the sentence proceedings?Footnote for 8
21	Was there a joint submission and if so what was it?Footnote for 9
22	If no joint submission briefly set out the position of the Crown and defence counsel on the sentence proceedingsFootnote for 10
23	Was there a victim impact statement?Footnote for 11
24	Will there be an application to admit fresh evidence and if so does the Respondent consent to its admissionFootnote for 12

• Return to footnote ¹Reference should be to the Criminal Code provision in force at the time of the commission of the offence.

• Return to footnote ²Note that Subrule 40.08(2) requires that the release order be reproduced in the Appeal Book.

• Return to footnote ³Where the incarceration was due to circumstances other than detention on the charge(s) under appeal this should be made clear. Thus if for a period of the time the Appellant was serving sentence on another offence either this period should not be included or there should be a note to this effect.

• Return to footnote ⁴This date is available from the sentence administrator of the institution where the Appellant is incarcerated. Where the Appellant is serving sentence for offences other than the offence(s) under appeal this should be made clear in a note.

• Return to footnote ⁵Where the Appellant relies on disparity as a ground for varying the sentence additional details may be necessary and should be included in Part II of the Factum. These details would include the co-accused’s criminal record, reference to the trial judge’s reasons for the sentence imposed on the co-accused, the involvement of the co-accused, whether the co-accused was convicted of other offences so that the totality principle affected the sentence, and any other information providing context to the allegation of disparity.

• Return to footnote ⁶If the Appellant has a prior criminal record it should be set out in detail in Part II of the Factum.

• Return to footnote ⁷If there was a pre-sentence report prepared its contents should be briefly summarized in Part II of the Factum. In addition, the entire pre-sentence report must be included in the Appeal Book.

• Return to footnote ⁸Where relevant the contents of such reports should be briefly summarized in Part II of the Factum. In addition the complete report must be included in the Appeal Book, whether or not it was formally marked as an exhibit in the proceedings.

• Return to footnote ⁹A joint submission would include where the solicitors have agreed on a range of sentence to be submitted to the trial judge.

• Return to footnote ¹⁰The “position” of the solicitors may simply be that the sentence should take a particular form, i.e. incarceration, or may be more specific, i.e. a specified term of months or years. If the solicitors did not make any suggestions as to the type or length of sentence this should be indicated as well.

• Return to footnote ¹¹If there was a victim impact statement its content should be briefly summarized in Part II of the Factum. If there was no victim impact statement but evidence was led as to the effect on the victim this too should be briefly summarized in Part II of the Factum.

• Return to footnote ¹²Where the Respondent consents to the admission of fresh evidence on the appeal this evidence may be included in the Appeal Book or filed separately and reference may be made to the evidence in Part II of the Factum. No notice of application is required, provided that the material is clearly identified as fresh evidence and the Respondent has consented to its admission. Where the Respondent opposes the admission of fresh evidence then the solicitor for the Respondent must prepare a notice of application returnable on the date of the appeal. The evidence itself should be filed with the notice of motion but in a sealed envelope.

PART IISummary of the Facts

Facts of the OffenceFootnote for 13

Background of the Appellant

Fresh Evidence

(Here briefly summarize the fresh evidence which on consent has been filed with the Court)

• Return to footnote ¹³Where the facts are complicated and somewhat lengthy, solicitors may wish to include a paragraph containing an overview of the facts. In most sentence appeals that paragraph should not be necessary.

PART IIIGrounds of Appeal

PART IVOrder Requested

It is respectfully submitted that the appeal be allowed and the sentence reduced (or varied, etc.)

All of which is respectfully submitted

(signature of solicitor for the defence)

Solicitor for the Appellant

Court File No.

ONTARIO COURT OF JUSTICE

(GENERAL DIVISION)

((specify)Region)

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

(specify name of accused)

REQUISITION

(Criminal Proceedings Rules, Rule 4.09, Form 22)

TO THE LOCAL REGISTRAR AT (place)

I REQUIRE (Set out a concise statement of what is sought and include all particulars necessary for the registrar to act. Where what is sought is authorized by an order, refer to the order in the requisition and attach a copy of the entered order. Where an affidavit or other document must be filed with the requisition, refer to it in the requisition and attach it.)

(Date)		(Name, address and telephone
		number of solicitor or person
		filing requisition)