Batchelor v. R.

(1) Proceedings in criminal matters by way certiorari, mandamus and prohibition shall be brought by originating notice, and may include an application to quash a conviction, order, warrant or inquisition, and an application for discharge of a person in custody.

(2) Such proceedings shall be brought before a Judge of the High Court of Justice sitting in court.

Notice of a motion that includes an application to quash shall be served within thirty days of the conviction, order, warrant or inquisition sought to be quashed, shall be returnable within ten days of service of the notice of motion, and shall be served at least seven days before the return day thereof upon the judge, Provincial Judge, justice or justices making the conviction or order, or issuing the warrant, or the coroner making the inquisition, and upon the informant (if he is not a peace officer), and upon the Attorney General (if he is not the applicant). The notice shall specify the objections intended to be raised, and no other objections may be raised save by leave of the Judge hearing the matter.

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(Note: as to other notices of motion, see Rules 215-217 of Practice and Procedure.)

Upon a notice of motion under Rule 5 shall be endorsed a notice in the following form, addressed to the judge, Provincial Judge, justice or justices, or coroner as the case may be:

“By virtue of Rule 7 of Part I of the Rules Respecting Criminal Proceedings of the Supreme Court of Ontario, you are, upon receiving this notice, to return forthwith to the Registrar’s Office, at Toronto, the conviction (or as the case may be) herein referred to, together with the information, exhibits and other papers or documents touching the matter, as fully and as entirely as they remain in your custody, together with this notice and the certificate prescribed in the said rule.

C.D.

Solicitor for the Applicant

To: A.B.

Provincial Judge at

(or as the case may be)”

Upon receiving the notice so endorsed, the judge, Provincial Judge, justice or justices, or coroner shall forthwith return to the Registrar’s Office at Osgoode Hall, Toronto, the conviction, order, warrant or inquisition, together with the indictment, information, exhibits and any other papers or documents touching the matter, and the notice served upon him with a certificate attached thereto in the following form:

“Pursuant to the accompanying notice, I herewith return to this Honourable Court the following:

“1. The indictment or information;

“2. The conviction (or as the case may be);

“3. The exhibits;

“4. Any other papers or documents touching the matter.

“And I hereby certify to this Honourable Court that I have above truly set forth all exhibits, papers and documents in my custody or power relating to the matter set forth in the said notice of motion.”

(1) The documents listed in the certificate together with the transcript of the proceedings (if any be supplied by the applicant) shall have the same effect as a return to a writ of certiorari.