JCT: I've had to completely redo my
http://johnturmel.com/mpforms.htm page since they've issued new
Criminal Proceedings Rules at in October 2006
http://www.ontariocourts.on.ca/scj/en/about/rules/rules.htm#part4
so these are the rules we are going to have to follow.

RULE 43 EXTRAORDINARY REMEDIES [Code, s. 774 ff.]
APPLICATION OF THE RULE
43.01 This rule applies to applications in criminal matters by
way of certiorari, habeas corpus, mandamus, procedendo and
prohibition, including applications to quash a subpoena, warrant,
conviction, inquisition or other order or determination and
applications for discharge of a person in custody.

TO WHOM APPLICATION MADE
43.02 Applications made under rule 43.01 shall be made to a judge
of the court in the region, county or district in which the
proceedings to which the application relates have been, are being
or are to be taken.

JCT: We're basically using the rules for application from section
6. So here's section 6 rules for applications:

http://www.ontariocourts.on.ca/scj/en/about/rules/rules.htm#part2

RULE 6 APPLICATIONS
APPLICATION OF THE RULE
6.01 (1) Where the Criminal Code or other federal enactment to
which the procedural provisions of the Criminal Code apply,
authorizes, permits or requires that an application or motion be
made to or an order or determination made by a judge of or
presiding in the superior court of criminal jurisdiction, or a
judge as defined in s.552 of the Criminal Code, other than a
judge presiding at trial upon an indictment, the application
shall be commenced by a notice of application in Form 1.
[Effective October 16, 2006]

JCT: They don't have a link to the form. Har har har. Not so
funny. Have to look.

(2) Rules 6.01 to 6.11 apply to all proceedings commenced by a
notice of application, except where these rules expressly provide
otherwise, or a judge of this court orders otherwise. [Effective
October 16, 2006]

APPLICATIONS -- TO WHOM TO BE MADE
6.02 Applications shall be made to a judge of the court in the
county, district or region where the criminal proceedings to
which the application relates are being or are to be heard.
[Effective October 16, 2006]

CONTENT OF NOTICE
6.03 Every notice of application in Form 1 shall state
(a) the place and date of hearing in accordance with Rule 6.02
and any other applicable rule;

JCT: And you have to get this from the registrar of the court
when you book your time for your hearing.

(b) the precise relief sought;
(c) the grounds to be argued, including a reference to any
statutory provision or rule to be relied upon;
(d) the documentary, affidavit and other evidence to be used at
the hearing of the application; and

JCT: Luckily, there is no personal information necessary by way
of affidavit. Unless it's guys seeking release pending appeals
since Sfetkopoulos. But that's a different form.

(e) whether any order is required abridging or extending the time
for service or filing of the notice of application or supporting
materials required under these rules. [Effective October 16,
2006]

JCT: We build in a catch-all asking for any order necessary to
get the hearing on track.

SERVICE OF NOTICE
General Rule re Service
6.04 (1) The notice of application shall be served on all parties
in accordance with Rule 5 and, where there is uncertainty whether
anyone else should be served, the applicant may make a motion
without notice to a judge for an order for directions. [Effective
October 16, 2006]

JCT: Those seeking prohibition of their charges only have to
serve their Crown Attorney's office.

Filing Proof of Service
(2) The notice of application in Form 1 and any other supporting
materials required by the Criminal Code, other statute or these
Rules, or ordered by a judge of the court, together with proof of
service, shall be filed in the office of the clerk of the court
in the place where the application is to be heard, not later than
thirty (30) days before the date of the hearing of the
application, unless otherwise ordered by a judge of the court, or
unless Rule 20.04(1) applies. [Effective October 16, 2006]

JCT: We file our whole Application Record right at the beginning
with way more than 30 days notice to the Crown.

MATERIAL FOR USE ON APPLICATIONS
Application Record
6.05 (1) Unless otherwise ordered by a judge of the court or
otherwise provided by these Rules, an applicant shall serve on
every other party and file an application record in accordance
with Rule 6.05(2), not later than thirty (30) days before the
date of the hearing of the application. [Effective October 16,
2006]
(2) The applicant's application record shall contain, in
consecutively numbered pages arranged in the following order;
(a) a table of contents describing each document, including each
exhibit, by its nature and date and, in the case of an exhibit,
by exhibit number or letter;
(b) a copy of the notice of application;
(c) a copy of the indictment to which the application relates;

JCT: A copy of the Information is enough.

(d) a copy of all affidavits and other material served by the
applicant and any party other than the respondent for use on the
application;
(e) a list of all relevant transcripts of evidence in
chronological order, but not necessarily the transcripts
themselves; and

JCT: Luckily, we don't have any transcripts to slow anything
down.

(f) a copy of any other material in the court file that is
necessary for the hearing of the application. [Effective October
16, 2006]

JCT: This is the catch-all that permits everything.

Respondent's Application Record
(3) Where the respondent seeks to rely on material other than
that filed by the applicant, the respondent shall serve on every
other party and file a respondent's application record in
accordance with Rule 6.05(4), not later than ten (10) days before
the date of the hearing of the application. [Effective October
16, 2006]

JCT: They're usually late and often, they serve it the day before
the hearing. I remember the Johnsons' case where he was served
the night before!!!

(4) The respondent's application record shall contain...

Documents may be Filed as Part of Record
(5) Any documents served by a party for use on an application may
be filed, together with proof of service, as part of the party's
application record and need not be filed separately if the record
is filed within the time prescribed for filing the notice or
other material. [Effective October 16, 2006]
Transcript of Evidence

JCT: Yeehaa! Finally. I always used to bundle my Factum into the
Application Record and had some uppity clerks make me take it out
and file it separately, a silly procedure when including it in
the Record was so logical. So now, all documents now go into one
booklet.

(6) A party who intends to refer to a transcript of evidence at
the hearing of an application shall file a copy of the transcript
as provided by Rule 4.08. [Effective October 16, 2006]

Books of Authorities
(7) Unless otherwise ordered by a judge of the court, books of
authorities in accordance with Rule 32 are required and shall be
served and filed in accordance with the time limits described in
Rules 6.05(1) and (3). [Effective October 16, 2006]

JCT: And those few authorities we use can again be filed in the
one Record Booklet.

Factums
(8) Unless otherwise ordered by a judge of the court, or required
by these rules, factums are not required for applications made
under this rule. [Effective October 16, 2006]

JCT: And Factums that had to be filed apart now don't need to be
filed at all!!

(9) Where a judge orders or these rules require that factums be
served and filed on an application, the factums shall comply with
Rule 33 and be served and filed within the time limits described
in Rules 6.05(1) and (3), unless otherwise ordered by a judge of
the court. [Effective October 16, 2006]

JCT: We've had this happen before, again in the Johnson case,
where the judge demanded he prepare a Factum though the arguments
were included in the Notice. So because a judge can demand the
argument be in a factum, but since I can now officially include
the factum in the Record, I'm going to forestall that problem by
moving the argument to the factum within the Record.

THE HEARING OF APPLICATIONS
Place of Hearing
6.06 (1) Unless otherwise ordered by a judge of the court, an
application to which this rule applies shall be heard and
determined by a judge of the court in the county or district in
which the trial or other proceedings to which the application
relates are being or are to be held. [Effective October 16, 2006]
Date of Hearing
(2) Unless otherwise ordered by a judge of the court,
applications shall be heard on a date and at a time fixed by the
Registrar on notice to all parties or their solicitors of record.
[Effective October 16, 2006]

JCT: So you have to book your hearing, put the time and place in
the Notice before serving your Application Record.

EVIDENCE ON APPLICATIONS
General Rule: Evidence by Affidavit

JCT: There is no evidence to be adduced. This is an issue of pure
law.

You know I try to keep these Applications Records down to a
minimum. I could include all the three JP cases, the Chen
decision, but using the Crown's own words seems easiest, whether
for the Krieger invalidation of the law or the Sfetkopoulos
acknowledgment of invalidation pursuant to JP.

Right now, the whole application used be about 25 pages in all.
Maybe I'll just add the Supreme Court of Canada final order
dismissing Sfetkopoulos and the Crown's Gaudet Goodie statement
like I used Frankel Goodie statement in Krieger. Two of our
documents are Crown statements!

And of course, I have to update my release pending appeal kits.
They can get out a lot faster now with the Sfetkopoulos added to
the other arguments. I was always amazed at how few people helped
get their friends out after I'd gotten Ray Turmel in Quebec
and Mike South in Ontario both released pending appeal. Maybe a
third guy in Montreal.

Still, it would be a coup to empty the jails with my Appeal Late
because when my stupid lawyer let me plead guilty we didn't know
the law was going to be later declared dead.