Guide to the 2011 Amendments to the Rules of the Supreme Court of Canada
In Force On
April 11, 2011
Rule 5(1.1) This new sub rule specifies how to calculate a deadline that is expressed in weeks (e.g., factums on appeals).
Rule 5(3) The time for filing a response or reply to a motion for leave to intervene in an appeal will now continue to run during the month of July.
Rule 5.1 The time for filing a motion to state a constitutional question will now continue to run during the winter break (between December 21 and January 7.)
Rule 14 Any party whose name is registered under federal or provincial legislation must file a notice setting out its registered name, including the bilingual name if applicable. (See also Form 14.)
Rule 19 The rules respecting filing are clarified.
Rule 19.1 The filing requirements for documents that are sealed or contain confidential material are set out. Parties are required to file redacted versions of certain documents.
Rule 20 The rules respecting service are clarified to reflect current practice.
Rule 20(1)(b) Documents, other than originating documents and their supporting material, may be served by ordinary mail.
Rule 20(6) If an authority (eg, sheriff or bailiff) is unsuccessful in an attempt to serve a document in accordance with the rules of procedure applicable in his or her jurisdiction, he or she may serve the document by leaving a copy on the premises.
Rule 21 Requirements for formatting documents have been removed from the Rules. These requirements are now found in the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic).
Rule 22 Amendments clarify who is to be named as a respondent on an application for leave to appeal and on appeal.
Applications for Leave to Appeal
Rules 25(1)(b) to (d) and 27(2) (a) to (d) Both an applicant and a respondent are now required to file notice of name (Form 14), and certificates in Form 25B and Form 25C.
25(1) (f)(i) Part I of the memorandum of argument must include a concise overview of the position with respect to issues of public importance.
Rule 28(2) A reply may be served and filed in the form of correspondence.
There are extensive amendments to the rules respecting appeal documents (Rules 33 to 45). Formatting requirements have been moved to the Guidelines for Preparing Documents referred to above. There are a number of changes to the length and content of interveners’ factums (Rules 37 and 42)
Other changes to be noted are:
Rules 34 and 35 An appellant must serve and file an electronic version of the notice of appeal in addition to the print version.
Rule 35(1)(d)(i) to (iv) A redacted version of the electronic version of a factum must be filed if the factum contains sensitive information specified in the rule. This version will be posted on the Court’s website.
Rule 38(1)(b) Part II of an Appellant’s Record must contain the complete charge to the jury, if any.
Rule 38(2) and 39(2) Documents included in Parts III to V of the Appellant’s record and Parts II to IV of the Respondent’s record, if available, shall be filed in both official languages.
Rule 46 All parties must serve and file the electronic versions of all documents filed on a Reference.
Rules 60 and 61 The requirements for the appellant to include a copy of the order referred to in subrule 60(1) in the record and the constitutional question as an appendix to the factum have been moved to the Rules 38 (Appellant’s Record) and 42 (Appellant’s Factum), as the case may be.
Rule 63.1 Where the Crown consents, an appellant, respondent or applicant accused can take advantage of a simplified procedure for the assignment of counsel under Section 694.1 of the Criminal Code.
Rule 71(1) and (5) Motions relating to the hearing may now be decided by the Registrar, in addition to a judge or the Court.
Rule 71(5)(c) An attorney general who intervenes pursuant to a notice of constitutional question will have ten minutes for oral argument at the hearing of the appeal.
The format of the heading of a document and the front cover is set out in Form 1 (Cover) in the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic).
Schedule A The fees charged by the Registrar are unchanged except that there is now a $35 charge for copies of DVDs of hearings, and GST (or HST) is payable for certain services – taking affidavits, providing a certificate of judgment, and subscriptions to the Bulletin of Proceedings.
Schedule B GST (or HST) that has been paid on disbursements may be recovered on taxation of costs.
The amendments will apply to all current and new cases. If complying with any new requirement would cause delay, please contact Michel Jobidon or Lyne Tremblay either by telephone at 613-996-8666 or by e-mail at firstname.lastname@example.org for assistance.