Vol. 132, No. 21 — October 14, 1998

Registration
SI/98-102 14 October, 1998

CRIMINAL CODE

Rules Amending the Rules of the Ontario Court of Justice in Criminal Proceedings

The Ontario Court (Provincial Division), pursuant to subsection 482(2)(see footnote a) of the Criminal Code, hereby makes the annexed Rules Amending the Rules of the Ontario Court of Justice in Criminal Proceedings.

Her Excellency the Lieutenant Governor in Council of Ontario, pursuant to subsection 482(2)(see footnote b) of the Criminal Code, hereby approves the Rules Amending the Rules of the Ontario Court of Justice in Criminal Proceedings, made on May 21, 1998 by the Ontario Court (Provincial Division).

September 30, 1998

RULES AMENDING THE RULES OF THE ONTARIO COURT OF JUSTICE IN CRIMINAL PROCEEDINGS

AMENDMENTS

1. Rule 1.03 of the Rules of the Ontario Court of Justice in Criminal Proceedings(see footnote 1) is amended by adding the following in alphabetical order:

"accused" includes a defendant where the context requires; (accusé)

2. Clauses 5.02(1)(d) and (e) of the Rules are replaced by the following:

(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, or by means of telephone transmission of a facsimile of the document in accordance with subrule 5.05(3); 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 county, district or region having carriage of the proceedings, or by means of telephone transmission of a facsimile of the document in accordance with subrule 5.05(3).

3. Subrule 20.06(1) of the English version of the Rules is replaced by the following:

20.06 (1) An order directing the release of exhibits for the purpose of a scientific test or other examination, under subsection 605(1) of the Code and this rule, shall be in Form 8.

4. Rule 22.03 of the Rules is replaced by the following:

22.03 The Notice of Application, where required, and supporting materials shall be filed in the court office for 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.

5. (1) The portion of subrule 22.04(1) of the Rules before paragraph (a) is replaced by the following:

22.04 (1) Applications under this rule shall also be accompanied by

(2) Paragraph 22.04(3)(f) of the English version of the Rules is replaced by the following:

(f) a statement whether notice of the application has been given to counsel of record of the prisoner or of the person in the custody of the peace officer;

(3) Subrule 22.04(4) of the Rules is replaced by the following:

(4) Unless otherwise ordered by a judge of the court, no Notice of Application, application record or factum shall be required in an application made under subsection 527(2) of the Code, and in the case of an application made under subsection 527(7) of the Code, no application record or factum shall be required.

6. Clauses 23.05(1)(b) and (c) of the Rules are replaced by the following:

(b) where the application is made under subparagraph 709(a)(i) of the Code, the affidavit of a registered medical practitioner describing the nature and extent of the illness and the physical 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 11 authorizing the taking of evidence before a named commissioner and a letter of request in Form 12 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.

7. Rule 23.16 of the Rules is replaced by the following:

23.16 The judge presiding at the preliminary inquiry or 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 admitted in the proceedings.

8. Subrule 25.03(1) of the Rules is replaced by the following:

25.03 (1) Service of the Notice of Application under this rule and the supporting materials required by rule 25.04 shall be made upon the prosecutor or accused, and all other parties to the proceedings, as the case may be, in accordance with rule 5, as soon as is reasonably practicable after the matters giving rise to the application have arisen, and in any event, 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 the proceeding.

9. Subrules 27.02(3) and (4) of the Rules are replaced by the following:

(3) Prior to attending the Pre-Hearing Conference, the prosecutor and counsel of record for the accused shall, where required by the pre-hearing conference judge, jointly prepare in draft a Pre-Hearing Conference Report in Form 14, to be presented to the pre-hearing conference judge.

Completion of Pre-Hearing Conference Report Where Accused Not Represented by Counsel

(4) Where the accused is not represented by counsel, the prosecutor shall, where required by the pre-hearing conference judge, complete in draft the Pre-Hearing Conference Report in Form 14.

10. Subrules 27.04(1) and (2) of the Rules are replaced by the following:

27.04 (1) The pre-hearing conference judge, upon the completion of the hearing, may complete a Pre-Hearing Conference Report in Form 14, a copy of which shall be provided to the prosecutor and counsel of record for the accused, or to the accused if the accused is not represented by counsel of record, and may be provided to the judge presiding over the proceedings, together with any materials filed by counsel of record on the pre-hearing conference relating to matters to be raised at the proceedings.

No Disclosure

(2) Except with the express consent of the prosecutor and counsel of record for the accused, the pre-hearing conference judge shall not disclose to the judge presiding at the proceedings 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 the proceedings.

11. Rule 27.05 of the Rules is replaced by the following:

27.05 Nothing in these rules shall be construed or interpreted so as to preclude a judge of the court from conducting such other informal pre-hearing conferences, in addition to the conference provided for in subsection 625.1(1) of the Code, upon such terms as the judge deems fit.

COMING INTO FORCE

12. These Rules come into force on November 1, 1998.

Footnote a

R.S., c. 27 (1st Supp.), s. 66(1)

Footnote b

R.S., c. 27 (1st Supp.), s. 66(1)

Footnote 1

SI/97-133

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