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

• 30.05 (1) In addition to any other materials that may be required by these rules or by order of a judge of the court, an applicant under this rule shall include in an application record:

  • (a) the notice of application in Form 1;

  • (b) a copy of the indictment to which the application relates;

  • (c) legible copies of any reproducible materials relied upon in support of the application where it is proposed to argue the case for admissibility in whole or in part on a basis other than the testimony of witnesses;

  • (d) where it is proposed to argue the case for admissibility in whole or in part on the basis of testimony of witnesses, legible copies of prior statements or statements of anticipated evidence in sufficient detail to show the essential features of the evidence proposed for admission; and,

  • (e) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues raised.

• (2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall file a respondent’s application record and any other materials on which the respondent proposes to rely.

• (3) Books of authorities shall be served and filed in accordance with rule 32, unless otherwise ordered by a judge of the court.

• (4) Factums are not required for applications made under this rule, unless otherwise ordered by a judge of the court.

• (5) Where a judge orders that factums be served and filed on an application under this rule, the factums shall comply with rule 33, unless otherwise ordered by a judge of the court.

31.01 This rule applies where a party seeks to exclude evidence that is presumptively admissible at common law for all issues that it is reasonably foreseeable another party will seek to introduce in the proceedings, including but not only:

• (a) evidence of prior criminal convictions of an accused;

• (b) evidence of after-the-fact or post-offence conduct; and,

• (c) evidence alleged to have been obtained by constitutional infringement exclusion of which is sought under Section 24(2) of the Charter.

• 31.02 (1) An application to exclude evidence that is presumptively admissible shall be made to the judge who is scheduled to preside or is presiding in the proceedings in which the evidence is tendered for admission.

• (2) Despite rule 31.02(1), where the parties expressly agree that applications under this rule to exclude evidence may be heard and determined by a judge other than the trial judge and that rulings made on these applications will be incorporated into the record of the proceedings in which the evidence is tendered for admission, the pre-trial conference or case management judge may make an order to give effect to the parties’ agreement and the applications may be heard and determined by a judge other than the designated trial judge.