Criminal Procedure Rules of the Supreme Court of the Northwest Territories (SI/98-78)

Marginal note:Service and notice

• 68. (1) Service of the notice of motion and supporting materials shall be made on

  • (a) the office of the Attorney General of Canada at Yellowknife, Northwest Territories;

  • (b) the office of the prosecutor having carriage of the proceeding; and

  • (c) such other person and on such terms as a judge may direct.

• (2) Where applicable, the applicant shall comply with the notice requirements of section 59 of the Judicature Act, R.S.N.W.T. 1988, c. J-1.

• (3) The notice of motion and supporting materials shall be served not less than 14 days before the date of the hearing.

Marginal note:Materials to be filed

• 69. (1) In addition to any other material that may be required by the rules applicable in the proceeding in which the constitutional issue is raised, the application must be accompanied by

  • (a) a copy of the indictment to which the constitutional issue raised in the notice of motion relates;

  • (b) a transcript of any proceeding earlier taken that is material to a determination of the constitutional issue raised in the notice of motion;

  • (c) an affidavit of or on behalf of the applicant deposing to the matters set out in subrule (2); and

  • (d) a copy of any other material that may be necessary for the hearing and determination of the constitutional issue raised in the notice of motion.

• (2) The affidavit of or on behalf of the applicant must include

  • (a) a description of the deponent’s status and the basis of his or her knowledge of the matters deposed;

  • (b) a statement of the particulars of the charge to which the application relates including, where the application alleges a breach of paragraph 11(b) of the Charter, a full statement of the history of the proceedings against the applicant before the date scheduled for trial; and

  • (c) a statement of all facts material to a just determination of the constitutional issue that are not disclosed in any other material filed in support of the application.

• (3) A respondent who seeks to rely on material other than the material required under subrule (1) or (2) shall file affidavit material setting out the facts on which he or she relies.

Marginal note:Pre-hearing brief

• 70. (1) In place of the memorandum of authorities required by rule 25, each party appearing on the hearing shall file and serve on every other party a pre-hearing brief containing

  • (a) a succinct outline of the argument the party intends to make;

  • (b) a concise statement of the principles of law on which the party relies; and

  • (c) copies of relevant cases, statutory provisions and other authorities.

• (2) The pre-hearing brief of the applicant shall be filed and served not less than seven days before the hearing.

• (3) The pre-hearing brief of a respondent shall be filed and served not less than three days before the hearing.