Marginal note:Application of Part

• 31. (1) This Part applies to an application

  • (a) by an accused under subsection 520(1) or (8) of the Code, or for an order under subsection 522(2) of the Code;

  • (b) by the prosecutor under subsection 521(1) of the Code; and

  • (c) by an accused or the prosecutor at any time before trial for an order under subparagraph 523(2)(c)(ii) of the Code.

• (2) This Part, except for the requirement to file a notice of motion in subrule 32(1), applies, with such modifications as the circumstances require, to proceedings for a review of detention under section 525 of the Code.

Marginal note:Application

• 32. (1) An application shall be made by notice of motion in Form 1 of the schedule.

• (2) A notice of motion must be accompanied by the following:

  • (a) where the applicant is the accused, an affidavit of the applicant containing the information specified in subrule (3);

  • (b) where the applicant is the accused and it is practicable to do so, an affidavit of each person proposed to serve as a surety for the accused if released, disclosing that person’s willingness to serve as a surety and the amount for which that person is to be liable;

  • (c) where the applicant seeks a review of an order earlier made, a transcript of the proceedings on the judicial interim release hearing under section 515 or 522 of the Code, as the case may be, and of any previous review proceeding taken before a justice or judge; and

  • (d) a legible copy of each exhibit capable of reproduction that was filed on the judicial interim release hearing or in any previous review proceeding.

• (3) The affidavit of the applicant required by subrule (2)(a) must disclose

  • (a) the particulars of the charge on which release is sought and any other charge outstanding against the applicant, together with the dates scheduled for trial or preliminary inquiry in respect of the charges, if such dates are known;

  • (b) the applicant’s record of criminal convictions, if any;

  • (c) the applicant’s place of residence in the three years preceding the date of the offence charged on which release is sought and the place where the applicant proposes to reside if released;

  • (d) the applicant’s employment in the three years preceding the date of the offence charged on which release is sought and a statement indicating whether and where the applicant expects to be employed on release; and

  • (e) the conditions on which the applicant proposes that release be granted including, where practicable,

    • (i) the amount of any recognizance or deposit, and

    • (ii) the name and address of any proposed surety and the amount for which each proposed surety is to be liable.

• (4) Where a transcript of a previous review proceeding is not available, the applicant’s affidavit must contain a summary of the material evidence given at the previous proceeding.

• (5) Where the applicant is the prosecutor or where, as respondent, the prosecutor desires to assert that the detention of the accused is necessary in the interest of public safety, the prosecutor may file an affidavit setting out the facts on which he or she relies, including the evidence referred to in paragraph 518(1)(c) of the Code.