Rules of the Supreme Court of Canada

23 (1) The following documents shall, in the case of an application for leave to appeal or an originating motion, be filed by counsel for the applicant and for the respondent and, in the case of an appeal referred to in paragraph 33(c) or (d), be filed by counsel for the appellant:

• (a) a certificate in Form 23A that states

  • (i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

  • (ii) whether there is, under an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

  • (iii) whether there is, under legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

• (b) a copy of any order referred to in subparagraphs (a)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (a)(i) to (iii); and

• (c) if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 23B setting out the issues.

(2) The documents referred to in subrule (1) shall be filed at the same time as the application for leave to appeal or the response to that application, the originating motion or the response to that motion or the notice of appeal in the case of an appeal referred to in paragraph 33(c) or (d), as the case may be.