Rule 34 Hearing of Pre-Trial and Other Applications
Order and Manner of Applications
34.01 The presiding judge shall determine the order in which pre-trial and other applications shall be heard and the manner in which the evidence in support of any application shall be presented.
Preliminary Assessment of Application
34.02 The presiding judge may conduct a preliminary assessment of the merits of any pre-trial or other application on the basis of the materials filed, and, if satisfied that there is no reasonable prospect that the application could succeed, may dismiss the application without further hearing or inquiry.
Dismissal for Non-Compliance with Rules
34.03 Where an applicant has failed to comply with the rules governing an application, the application shall not be heard unless the presiding judge grants leave, after taking into account all the circumstances of the case, including but not limited to:
(a) the nature of the applicant’s non-compliance with these rules;
(b) the right of the applicant to raise issues, including issues relating to the admissibility of evidence and to have those issues determined on their merits;
(c) the right of other parties to have a reasonable opportunity to respond to any issues raised by an applicant;
(d) the need for an expeditious determination of pre-trial applications and the orderly conduct of trial proceedings;
(e) the history of the pre-trial applications and the proceedings;
(f) any notice given to other parties about the issues raised in the pre-trial applications;
(g) the apparent merits of the application as reflected in any materials filed and any submissions made in the proceeding;
(h) any prejudice to any other party in the proceeding;
(i) the nature of the issues raised and the extent of their impact on the course of the trial or other proceeding;
(j) any explanation advanced for failure to comply with these rules; and,
(k) any other factors the judge considers relevant to his or her determination.
Limitations on Oral Argument
34.04 The presiding judge may impose reasonable limits on oral submissions on any pre-trial or other application.
34.05 Where the presiding judge is satisfied that the interests of justice require it, she or he may order that the parties deliver written argument about any issue to be heard and determined as a pre-trial application.
Rule 35 Dangerous and Long-Term Offender Applications
Application of Rule
35.01 This rule applies where the prosecutor indicates an intention pursuant to s.752.01 of the Code to apply to have an offender declared a dangerous offender or a long-term offender pursuant to Part XXIV of the Code.
Pre-Hearing Conference Report Form
35.02 (1) Where, pursuant to s.752.01 of the Code, the prosecutor indicates an intention to apply to have the offender declared a dangerous offender or long-term offender, the trial judge shall require the prosecutor and solicitor of record to complete a Pre-Hearing Conference Report for Crown Applications Pursuant to Part XXIV of the Code in Form 23, in accordance with subsections (2) and (3).
(2) Upon the indication of the prosecutor pursuant to s.752.01 of the Code of an intention to make application pursuant to s.752.1(1) of the Code, the prosecutor and solicitor of record shall complete Questions 1-7 inclusive of Form 23, in advance of that application.
(3) Where the Court grants the application pursuant to s.752.1(1) of the Code, the prosecutor and solicitor of record shall complete Questions 8-30 inclusive of Form 23, in advance of the proceedings described in s.753 or s.753.1 of the Code, as the case may be.
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