Dismissal on Reference or Application
Notice by the Registrar
6.11 (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 or she 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 or she 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 Superior Court of Justice 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.
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