Part XIV — uOttawa

Power to make rules

482 (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.

Power to make rules

(2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:

(a) every court of criminal jurisdiction for a province;

(b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);

(c) the Ontario Court of Justice;

(d) the Court of Quebec and every municipal court in the Province of Quebec;

(e) the Provincial Court of Nova Scotia;

(f) the Provincial Court of New Brunswick;

(g) the Provincial Court of Manitoba;

(h) the Provincial Court of British Columbia;

(i) the Provincial Court of Prince Edward Island;

(j) the Provincial Court of Saskatchewan;

(k) the Provincial Court of Alberta;

(l) the Provincial Court of Newfoundland and Labrador;

(m) the Territorial Court of Yukon;

(n) the Territorial Court of the Northwest Territories; and

(o) the Nunavut Court of Justice.

Purpose of rules

(3) Rules under subsection (1) or (2) may be made

(a) generally to regulate the duties of the officers of the court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of the law;

(b) to regulate the sittings of the court or any division thereof, or of any judge of the court sitting in chambers, except in so far as they are regulated by law;

(c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and

(d) to carry out the provisions of this Act relating to appeals from conviction, acquittal or sentence and, without restricting the generality of this paragraph,

(i) for furnishing necessary forms and instructions in relation to notices of appeal or applications for leave to appeal to officials or other persons requiring or demanding them,

(ii) for ensuring the accuracy of notes taken at a trial and the verification of any copy or transcript,

(iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,

(iv) for securing the safe custody of property during the period in which the operation of an order with respect to that property is suspended under subsection 689(1), and

(v) for providing that the Attorney General and counsel who acted for the Attorney General at the trial be supplied with certified copies of writings, exhibits and things connected with the proceedings that are required for the purposes of their duties.

Publication

(4) Rules of court that are made under this section must be published or otherwise made available to the public.

Regulations to secure uniformity

(5) Notwithstanding anything in this section, the Governor in Council may make such provision as he considers proper to secure uniformity in the rules of court in criminal matters, and all uniform rules made under the authority of this subsection prevail and have effect as if enacted by this Act.

Annotations

Part XIV

Power to make rules respecting case management

482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules

(a) for the determination of any matter that would assist the court in effective and efficient case management;

(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and

(c) establishing case management schedules.

Compliance with directions

(2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).

Summons or warrant

(3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.

Provisions to apply

(4) Sections 512 and 512.‍3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).

Subsections 482(4) and (5) to apply

(5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1)

(6) [Repealed, 2019, c. 25, s. 187]

Annotations

Part XIV