A necessary reference for annotations of the Ontario Rules of Criminal Practice
This text annotates the Ontario Rules of Criminal Practice relating to applications for extraordinary remedies and criminal trial and appeal proceedings. It also includes the full text of the Criminal Appeal Rules and the Superior Court of Justice Rules.
New in the 2018 Edition: This year, as in all previous years, all of the statutes, rules, regulations, and related material referenced in the work have been reviewed, revised, and updated as necessary.
Updated statutory and other highlights include:
- New Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario
- Guidelines for Filing Electronic Documents at the Court of Appeal
- Reference Guide for Citation Practices at the Court of Appeal
- Court of Appeal for Ontario - List of Frequently Cited Criminal Authorities
- Appeal Management Form
Some key changes brought by the New Practice Direction include:
- Revoking and replacing all of the Court of Appeal’s previously issued Practice Directions, Administrative Guidelines, Administrative Advisories and Notices to the Profession
- Making the leave to appeal process a written process
- Introducing a list of frequently cited authorities and what to reproduce
- Making Books of Authorities mandatory
- Requiring compendiums in complicated cases
- Formalizing the practice of sealing flesh evidence
- Changing start times of motions court and purge court
- New requirements for motions and filing factum motions
- Setting out duties of court transcriptionists
- A new ineffective counsel protocol
- Availability of an appeal management judge
- How to obtain digital audio recordings
- Pushing back notice for bail pending appeal to 3 days
- An intention to enforce the requirement to prove transcript ordered
- New provisions regarding French or bilingual motions or appeals
- Guidance about corresponding with and contacting the court
- Additional provisions about serving, filing, extension of time, perfecting appeals, transcripts, appeal books, Books of Authorities, grouped appeals, Status Court and Purge Court, adjournments, courtroom decorum, electronic delivery of reasons for judgment, digital audio recordings, post-hearing submissions, appeals under Part XX.1
- Contact information for key officials at the Court of Appeal
For the Superior Court of Justice effective May 1, 2017, the Provincial Practice Direction Regarding Criminal Proceedings was introduced. Some changes that are required include an expectation that counsel are able to speak at all appearances about the nature of past and future appearances as contemplated in R. v. Jordan (S.C.C.) regarding s. 11(b) of the Charter of Rights and Freedoms, The new Practice Direction confirms the necessity of factums for applications to change venue (R. 22), commission evidence (R. 24), constitutional matters including s. 11(b) (R. 27), admissibility of evidence (R. 30), and exclusion of evidence (R. 31).
There are updated pre-trial forms (Form 17) and an updated report to the Trial Judge (Forms 18-A1).
Expectations are set for s. 11(b) applications, hearings and materials.
The consolidated Practice Directions of the Central South and Central West Regions are replaced by Part V of the Provincial Practice Direction Regarding Criminal Proceedings.
The Law Society Rules of Professional Conduct has seen changes to the Rules pertaining to Short-term Limited Legal Services and to the Rules pertaining to Withdrawal from Representation upon Leaving a Law Firm.
The Regulation on Fees has been changed to reduce them.
Some case highlights include:
- Québec c. Jodoin – costs against counsel personally.
- R. v. Kreko – relaxed fresh evidence on sentence appeals.
- R. v. Shafia – fresh evidence going to court’s jurisdiction to try an accused.
- R. v. Staples – financial background and disclosure on s. 684 applications.
- R. v. Fiorilli – impact of refusal of Ontario Inmate Appeal Duty Counsel Program not assisting because appeal too big.
- R. v. Manasseri – application under s. 678(7.1) where Supreme Court of Canada orders new trial.
- R. v. Hope – Gladue applying to bail pending appeal
- R. v. Oland –treatment of s. 679(3)(c); nature of bail review under s. 689.
- R. v. Antic – restatement of entitlement to bail.
- R. v. Bryan – ability to withdraw affidavit on bail review.
- R. v. Papasotiriou-Lanteigne – two accused on murder having same counsel.
- R. v. Dunstan – inherent power of Superior Court in relation to pretrial applications.
- R. v. Marton – summary conviction having power to order substituted service.
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