71. Any person interested in a proceeding between other parties may, by leave of the judge presiding over that proceeding or by order of a judge of the Court, intervene in the proceeding on such terms and conditions and with such rights and privileges as the judge may determine.
APPLICATIONS TO EXCLUDE EVIDENCE
Marginal note:Application of Part
72. This Part applies to an application by an accused under subsection 24(2) of the Charter for an order excluding evidence obtained in a manner that infringed or denied a right or freedom guaranteed by the Charter.
73. (1) An application shall be brought by notice of motion in Form 1 of the schedule before the judge presiding at the trial of the charge against the applicant.
(2) The application may be brought before
(a) the selection of a jury, where the accused is to be tried before a jury; or
(b) the commencement of the trial, where the accused is to be tried before a judge.
(3) The judge may waive the requirement for written notice where the judge considers it necessary and expedient to do so.
Marginal note:Notice of motion
74. The notice of motion shall set out
(a) the precise relief sought on the application;
(b) the grounds on which the applicant relies;
(c) the right or freedom alleged to be infringed or denied; and
(d) the nature of the evidence sought to be adduced on the application.
75. The hearing of the application shall be conducted as a voir dire whether it is heard before or after the commencement of the trial.
Marginal note:Timely notice
76. Nothing in this Part shall be interpreted as derogating from the right of the accused to make an application at any point in the trial, but the failure to give timely notice for such an application may be taken into account by the judge in determining
(a) whether to hear the application forthwith or to adjourn the trial to hear it; and
(b) on what terms the judge will hear the application.
Marginal note:Pre-trial conference
77. (1) Where an accused is to be tried before a jury, a pre-trial conference shall be held in accordance with subsection 625.1(2) of the Code at the time, on the date, in the place and in the manner that a judge directs, or on such further dates and at such further times as may be ordered by the judge who presides at the pre-trial conference.
(2) A judge may direct that a pre-trial conference must be held in any non-jury case.
- Date modified: