Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings (SI/2004-134)

19.01 This rule applies to applications under section 276.1 of the Code to adduce evidence of the complainant’s sexual activity.

19.02 Applications under rule 19.01 shall be made to the judge assigned to preside over the trial, in the court centre in which the trial is to be held.

19.03 The Notice of Application shall state

• (a) the place and date of hearing as determined under rules 19.02 and 19.04;

• (b) detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial;

• (c) the grounds to be argued, including a concise statement of the probative value of the evidence sought to be adduced and a reference to any statutory provision or rule on which reliance will be placed;

• (d) the documentary, affidavit or 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.

Marginal note:General Rule

• 19.04 (1) Service of the Notice of Application under rule 19.03 and the supporting materials required by rule 19.05 shall be made on the prosecutor in accordance with Rule 5, not later than seven days before the date fixed for the hearing of the application.

• Marginal note:Filing with Proof of Service

  (2) Notice of Application and supporting materials, together with proof of service thereof, shall be filed in the court office for the place where the application is to be heard, not later than seven days before the date fixed for the hearing of the application.

Marginal note:Materials to Be Filed

• 19.05 (1) In addition to any other materials that may be required in the proceedings in which it is sought to adduce evidence of the complainant’s sexual activity, a Notice of Application under rule 19.03 shall be accompanied by

  • (a) a copy of the information(s) to which the evidentiary issue raised in the Notice of Application relates;

  • (b) a transcript of any proceedings earlier taken that are material to a determination of the evidentiary issue raised in the Notice of Application;

  • (c) if 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 evidentiary issue raised in the Notice of Application.

• Marginal note:Affidavit by or on Behalf of the Applicant

  (2) The affidavit filed 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; and

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

• Marginal note:Respondent’s Documentary, Affidavit or Other Evidence

  (3) If the respondent seeks to rely on material that is not required to be filed under subrule (1) or (2), the respondent shall file documentary, affidavit or other evidence on which reliance shall be placed not later than five days before the hearing of the application.

• Marginal note:Factum May Be Required

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