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

RULE 1Definitions, Application and Interpretation

Marginal note:Short Title

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

Marginal note:Definitions

1.02 In these Rules,

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

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

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

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

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

• (f) Code means the Criminal Code;

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

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

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

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

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

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

  • (i) Corner Brook;

  • (ii) Gander;

  • (iii) Grand Bank;

  • (iv) Grand Falls-Windsor;

  • (v) Happy Valley/Goose Bay; and

  • (vi) St. John’s;

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

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

• (o) party means

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

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

  • (iii) the prosecutor; and

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

  as the circumstances may require;

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

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

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

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

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

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

Marginal note:Application of these Rules

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

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

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

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

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

Marginal note:Practice Directive

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

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

Marginal note:Interpretation

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

Marginal note:Computation of Time

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

Marginal note:Time Periods

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

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

Marginal note:Failure to Comply with the Rules

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

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

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

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

RULE 2Commencement of Proceedings

Marginal note:Commencement of Proceedings

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

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

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

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

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

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

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

Marginal note:Pleadings

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

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

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

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

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

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

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

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

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

RULE 3Transferring Proceedings to Another Province

Marginal note:Definitions

3.01 In this Rule,

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

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

Marginal note:Consent to Transfer

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

Marginal note:On Receipt of a Consent to Transfer

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

  • (a) a certified copy of the indictment;

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

  • (c) any other relevant document.

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

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

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

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

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

RULE 4Transcripts

Marginal note:Where Transcript not Required

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

Marginal note:Expedited Transcript

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

RULE 5Designation of Counsel

Marginal note:Designation of Counsel

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

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

RULE 6Arraignment Court

Marginal note:Arraignment Court Generally

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

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

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

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

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

Marginal note:First Appearance at Arraignment Court

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

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

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

    • i. set a date; and

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

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

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

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

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

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

Marginal note:Subsequent Appearances at Arraignment Court

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

Marginal note:Procedure at Arraignment Court

6.04 At arraignment court, the judge may:

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

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

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

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

• (e) set a date for trial;

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

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

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

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

• (j) take a plea; and

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