Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

1.03 In these rules, unless the context otherwise requires,

“affidavit”

“affidavit” means a written statement in Form 4 confirmed by oath, or a solemn affirmation; (affidavit)

“appellant”

“appellant” means a person who brings an appeal; (appelant)

“applicant”

“applicant” means a person who makes an application; (requérant)

“application”

“application” means a proceeding commenced by notice of application in Form 1, whether described in the enabling legislation or other authority as an application or motion; (demande)

“Charter”

“Charter” means the Canadian Charter of Rights and Freedoms; (Charte)

“Code”

“Code” means Criminal Code; (Code)

“county”

“county” includes a district or a regional, district or metropolitan municipality; (comté)

“court”

“court” means the Superior Court of Justice in the county or district in which a proceeding is pending or being heard, as the case may be; (tribunal)

“court office”

“court office” means the office of the registrar in the county, district or group of counties in which the proceeding is commenced; (greffe)

“deliver”

“deliver” means serve and file with proof of service, and “delivery” has a corresponding meaning; (remettre)

“document”

“document” includes a notice of application, notice of appeal, supplementary notice of appeal, affidavit or any other material required or permitted to be served and filed under these rules; (document)

“hearing”

“hearing” means the hearing of an application, motion, reference, appeal or assessment of costs, or a trial; (audience)

“holiday”

“holiday” means,

• (i) any Saturday or Sunday,

• (ii) New Year’s Day,

• (iii) Good Friday,

• (iv) Easter Monday,

• (v) Victoria Day,

• (vi) Canada Day,

• (vii) Civic Holiday,

• (viii) Labour Day,

• (ix) Thanksgiving Day,

• (x) Remembrance Day,

• (xi) Christmas Day,

• (xii) Boxing Day, and

• (xiii) any special holiday proclaimed by the Governor General or the Lieutenant Governor, and

• (xiv) where New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday; (jour férié)

“indictment”

“indictment” includes an information; (acte d’accusation)

“judge”

“judge” means a judge of the court; (juge)

“judgment”

“judgment” means a decision that finally disposes of an application, trial, appeal or other proceeding on its merits and includes a judgment entered in consequence of the default of a party; (jugement)

“order”

“order” includes a judgment; (ordonnance)

“originating process”

“originating process” includes a notice of application and notice of appeal; (acte introductif d’instance)

“proceeding”

“proceeding” includes a trial, application, appeal or other hearing; ( instance)

“prosecutor”

“prosecutor” means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which the Code applies, and includes solicitors acting on behalf of either of them; (poursuivant)

“registrar”

“registrar” means the Registrar of the Superior Court of Justice, or a local registrar of the Superior Court of Justice, as the circumstances may require; (greffier)

“region”

“region” means a region described in Ontario Regulation 705/89; (région)

“respondent”

“respondent” means a person against whom an application is made or an appeal is brought, as the circumstances may require; (intimé)

“solicitor”

“solicitor” means a barrister and solicitor entitled to practise in the Province of Ontario; (avocat)

“solicitor of record”

“solicitor of record” means the solicitor who represents or represented the accused in the proceedings that are the subject of the application or the appeal; (procureur)

“statute”

“statute” includes the Code and any other statute passed by the Parliament of Canada to which the Code provisions apply. (loi)