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| Patrick J Ducharme |
What amounts to reasonable notice has never been the subject of any authoritative decision. There are, however, several yardsticks that offer some assistance. The rules of most courts require applications for adjournments to be filed with the court at least thirty days before the date fixed for the hearing of the application and not less than sixty days prior to the date fixed for trial. Applications by counsel seeking to be removed as counsel of record usually require fifteen days’ notice before the date fixed for the hearing of the application, and that date cannot be less than ten days prior to the date set for trial. Section 657.3 requires a party who intends to call an expert witness “shall at least thirty days before the commencement of the trial, or within any other period fixed by the Judge, give notice to the other party of his intention to do so”.
Notice of production of books for documents under the Canada Evidence Act also require “reasonable notice” but the reasonableness of the notice shall not in any case be less than seven days.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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