Marginal note:R.C.M.P. dress

130. Unless otherwise directed by the presiding judge,

• (a) a member of the R.C.M.P. attending a court proceeding and sitting at counsel table with the prosecutor shall be dressed in formal red serge uniform and without a sidearm; and

• (b) a member of the R.C.M.P. attending as a witness shall be dressed in formal red serge uniform or a business suit and attend without a sidearm.

Marginal note:Reference to time

131. Any reference to time in these Rules must be interpreted in accordance with section 27 of the Interpretation Act, chapter I-21 of the Revised Statutes of Canada, 1985.

Marginal note:Enlarging, abridging time

• 132. (1) The Court may by order enlarge or abridge the time appointed by these Rules for the doing of any act or taking of any proceeding on such terms as the Court considers just.

• (2) An application for an order enlarging the time appointed by a Rule may be made before or after the expiration of the time appointed.

• (3) The time appointed by these Rules for serving, filing or delivering a document may be enlarged or abridged by consent of the parties in writing endorsed on the relevant document, without an application to the Court, or in such other form as a judge may direct.

Marginal note:Failure to comply with Rules

• 133. (1) A failure to comply with these Rules is an irregularity and does not in itself render a proceeding or an act, document or order in a proceeding a nullity.

• (2) Where such a failure occurs, the Court,

  • (a) may grant all necessary amendments or other relief, on such terms as the Court considers just, to secure the just determination of the real matters in dispute; or

  • (b) only where and as the Court considers necessary in the interests of justice, may set aside the proceeding or act, document or order in the proceeding in whole or in part.

• (3) An application to set aside any proceeding or act for irregularity must be made within a reasonable time.

Marginal note:Dispensing with compliance of rule

134. The Court may, where it considers it necessary in the interests of justice, dispense with compliance with any rule at any time.

Marginal note:Correction of mistakes, etc.

135. A clerical mistake, or an error arising from oversight or omission, in a judgment, order or other part of a record may be corrected by the Court at any time and after such notice as the Court may order.

Marginal note:Marking of exhibits

• 136. (1) An exhibit filed on a hearing or trial must be dated, numbered and marked to indicate the parties involved, whose property it is and by whom it is filed.

• (2) The Clerk shall enter in a procedure book a list of each exhibit, briefly describing the exhibit and stating by whom it is filed.