Marginal note:Application of Part

49. This Part applies to an application to quash a subpoena.

Marginal note:Time for application

• 50. (1) An application shall be made by notice of motion in Form 1 of the schedule to any judge of the Court before the commencement of trial or to the trial judge.

• (2) The Court may waive the requirement for written notice where the Court considers it necessary and expedient to do so.

Marginal note:Application

51. The notice of motion shall be accompanied by an affidavit of or on behalf of the applicant setting out

• (a) the material grounds supporting the application;

• (b) the interest of the applicant in the proceeding; and

• (c) the precise terms of the order sought.

Marginal note:Evidence

• 52. (1) The judge hearing an application may permit evidence to be given orally or otherwise as the judge considers necessary to determine the issues.

• (2) The party who issued the subpoena shall disclose to the judge hearing the application, by affidavit or otherwise, the purpose for which the witness is required to testify and the likelihood of the witness giving material evidence.

Marginal note:Application of Part

53. This Part applies to an application by an accused to compel the disclosure by the prosecutor of information or documents within the possession or control of the prosecutor.

Marginal note:Application for disclosure

• 54. (1) An application shall be made by notice of motion to

  • (a) the trial judge, where one has been designated; or

  • (b) any judge of the Court before the commencement of trial, where the trial judge has not been designated.

• (2) In the case of an application brought after the commencement of trial, the trial judge may waive the requirement of written notice.

• (3) The judge hearing the application may permit evidence to be given by affidavit or orally or otherwise as the judge considers necessary to determine the issues.

• (4) The hearing shall be conducted as a voir dire, and may be conducted in camera if the presiding judge considers it necessary in the interests of justice to do so.

Marginal note:Where prosecutor alleges information, documents should not be disclosed

• 55. (1) Where an application for disclosure is brought and the prosecutor alleges that information or documents should not be disclosed on the grounds of privilege, relevance or otherwise, the prosecutor shall prepare and file an inventory of the information or documents for reference at the hearing of the application.

• (2) The inventory to be prepared by the prosecutor must

  • (a) individually designate each item of information or document;

  • (b) provide a summary description of the nature and date of the material contained in each item; and

  • (c) state the grounds on which the prosecutor relies to withhold disclosure.