CASEFLOW
MANAGEMENT
RULES
made pursuant to section 482 of the Criminal Code; published in the Canada Gazette Part II, Vol 133, No 20 No SI/99-104; subject of provincial Orders in Council 1356 and 1357, September 29, 1999 |
implemented October 4, 1999 in Okanagan Judicial District and throughout the province in stages ending November 6, 2000 (staged implementation schedule is included with these Rules) |
PROVINCIAL COURT OF BRITISH COLUMBIA CRIMINAL CASEFLOW MANAGEMENT RULES |
RULE 1: OBJECT,
APPLICATION AND INTERPRETATION
(1) Purpose of
Rules
(2)
Definitions
(3) Matters not
Provided for in Rules
RULE 2: EFFECT OF
NON-COMPLIANCE
(1)
Non-compliance
(2) Court May Grant
Relief
(3) Judge May
Dispense with Compliance
RULE 3: PRACTICE
DIRECTIONS OF CHIEF JUDGE
(1) Practice
Directions
RULE 4: NOTICE AND
FILING
(1) Notice by
Fax
(2) Where to File
Records
(3)
Idem
RULE 5: INITIAL
APPEARANCE
(1) Purpose of the
Initial Appearance
(2) If Accused not
Represented by Legal Counsel
(3) Referral to
Legal Counsel
(4) Preparation for
Arraignment
(5) Intention to
Enter Guilty Plea
(6) Referral to
Judge
(7) Expedited
Arraignment
RULE 6: CROWN
DISCLOSURE
(1) Early
Disclosure
(2) If Disclosure
Issues Arise
(3) Further
Disclosure
RULE 7: ARRAIGNMENT
REPORT
(1) Filing an
Arraignment Report
(2) Attend Before
Judge if Arraignment not Filed in Time
RULE 8: ARRAIGNMENT
HEARING
(1) Who Shall
Attend
(2) Powers of a
Judge
(3)
Idem
(4) Guilty
Pleas
(5)
Idem
(6) Setting Time for
Trial or Preliminary Inquiry
(7)
Idem
RULE 9: TRIAL READINESS
REPORT
(1) Trial Readiness
Report
(2)
Idem
RULE 10: TRIAL CONFIRMATION
HEARING
(1) Accused Shall Attend
Trial Confirmation Hearing
(2) Review of Trial
Readiness Report
RULE 11: ADJOURNMENT OF
TRIAL OR PRELIMINARY INQUIRY
(1) Application of the
Rule
(2) When Application to
be Made
(3) Notice of
Application
RULE 12: NOTICE BY
COUNSEL
(1) Prompt Notice to the
Court
(2) Counsel Assuming
Conduct after Arraignment Hearing
RULE 13:
CONTINUATIONS
(1) Order for
Continuation within 30 Days
RULE 1 - OBJECT, APPLICATION AND INTERPRETATION
Purpose of Rules
(1) The purpose of these Rules is to provide simple, effective, and efficient management of all proceedings of a criminal nature in order to secure a just and timely determination of every case before the Court.
Definitions
(2) The definitions in this subrule apply in these Rules.
"accused" includes a young person as defined in subsection 2(1) of the Young Offenders Act. (accuse)
"arraignment hearing" means an arraignment hearing under rule 8. (audience de mise en accusation)
"arraignment report" means an arraignment report under rule 7. (rapport de mise en accusation)
"Court" means the Provincial Court of British Columbia. (Cour)
"initial appearance" means the required attendance of a person in court for the first time in respect of a charge, and includes an adjournment from such appearance. (comparution initiale)
"judge" means a judge of the Court. (juge)
"proceeding" includes a trial, application, preliminary inquiry or other hearing before the Court. (procedure)
"trial confirmation hearing" means a trial confirmation hearing under rule 10. (audience de confirmation de l'instruction)
"trial readiness report" means a trial readiness report under rule 9. (rapport prealable a l'instruction)
"trial scheduler" means a justice assigned to schedule proceedings for the Court. (responsable du role)
(3) If a matter is not provided for in these Rules,
the practice is to be determined by refernce to the purpose of these Rules and
any practice directions issued under rule 3.
RULE 2 - EFFECT OF NON-COMPLIANCE
Non-Compliance
(1) A failure to comply with a rule is an irregularity and does not nullify a proceeding, a step taken or any record or order made in the proceeding.
Court May Grant Relief
(2) If there is a failure to comply with a rule, a judge may grant any relief the judge considers necessary to achieve the purpose of these Rules.
Judge May Dispense with Compliance
(3) If necessary in the interests of justice and in
consideration of the purpose of these Rules, a judge may, by order and on any
terms the judge considers just, dispense with or vary one or more of these Rules
in a particular case.
RULE 3 - PRACTICE DIRECTIONS OF CHIEF JUDGE
Practice Directions
(1) The chief judge of the Court may issue practice
directions consistent with these Rules and their purpose.
Notice by Fax
(1) If a rule requires notice to be given to the Court, prosecutor or accused's legal counsel, the requirement is satisfied if the notice is provided by fax to that recipient.
Where to File Records
(2) Subject to subrule (3), if a rule requires a record to be filed with the Court, the record shall be filed with the Court registry where the prosecution was commenced.
Idem
(3) If, as a result of an application to change the
venue of a trial, the matter has been transferred for hearing to another Court
registry, any record required by a rule to be filed with the Court shall be
filed with that Court registry.
Purpose of the Initial Appearance
(1) Subject to subrule (5), the purpose of the initial appearance is to set a timely date for the accused's arraignment hearing.
If Accused not Represented by Legal Counsel
(2) If an accused is not represented by legal
counsel at the initial appearance, the justice shall
(a) determine whether or not the accused wishes to consult with or obtain legal counsel; and |
(b) if so, adjourn the initial appearance for a period that is reasonable for that purpose. |
Referral to Legal Counsel
(3) A justice may refer an accused who is not represented by legal counsel to duty counsel or other legal counsel of the accused's choice before setting a date for the arraignment hearing.
Preparation for Arraignment
(a) the prosecutor and, where the accused is represented by legal counsel, the accused's legal counsel shall file an arraignment report and, if necessary, the justice shall adjourn the initial appearance for a period that is reasonable for that purpose; and |
(b) only after filing of the arraignment report(s), the justice shall set the date for an arraignment hearing, having considered the availability of the prosecutor, the accused and his or her legal counsel, if any. |
Intention to Enter Guilty Plea
(5) If the accused indicates to the justice the
intention to enter a guilty plea, the justice shall record the accused's
intention to plead guilty and set the matter to be heard by a judge
(a) immediately; or |
(b) on another date, if the justice is satisfied upon application by the prosecutor or the accused that the interests of justice may be served and an unnecessary trial date be avoided by adjourning to such later date. |
Referral to Judge
(6) A justice may at any time refer a matter to a judge for directions and the judge may make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules.
Expedited Arraignment
(7) If an accused is to be held in custody until
trial or preliminary inquiry, as the case may be, or if a judge determines that
an accused requires that a time for trial be expedited, a judge may
(a) order that the matter proceed directly to an arraignment hearing on a date determined by the judge after consultation with the trial scheduler; and |
(b) make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules, including, without limitation, directions respecting the preparation and filing of arraignment reports under rule 7. |
Early Disclosure
(1) At the initial appearance or as soon as practicable after it, the prosecutor shall provide the accused or his or her legal counsel with disclosure required by law.
If Disclosure Issues Arise
(2) If at any time an issue arises concerning disclosure under this rule, any party to the proceeding may apply to a judge for directions.
Further Disclosure
(3) Nothing in this rule limits the ability
(a) of the prosecutor to provide further or better disclosure as it becomes available or as it is required by law, but such disclosure shall be made in a timely manner; or |
(b) of the accused or his or her legal counsel to apply to a judge for further or better disclosure, but such applications shall be made in a timely manner. |
Filing an Arraignment Report
(a) the prosecutor shall file with the Court an arraignment report in Form 1 and provide a copy of the report to the accused's legal counsel or, if the accused is not represented by legal counsel, to the accused; and |
(b) the accused's legal counsel, if any, shall file with the court an arraignment report in Form 2 and provide a copy of the report to the prosecutor. |
Attend Before Judge if Arraignment Report not Filed in Time
(2) If a completed arraignment report is not filed
as required under subrule (1), the justice presiding at the initial appearance
may refer the matter to a judge under subrule 5(6).
Who Shall Attend
(1) Unless a justice orders otherwise, it is a
requirement of the Court in both indictable and summary conviction proceedings
that the following persons attend the arraignment hearing:
(a) the accused; |
(b) the accused's legal counsel, if any, or other legal counsel designated by the accused's legal counsel for the purpose of that hearing; and |
(c) the prosecutor |
Powers of Judge
(2) At an arraignment hearing, the judge may
(a) call on the accused to make an election or enter a plea to the charges; | |
(b) make inquiries to | |
(i) assist in making an informed and accurate estimate about the length of a trial or preliminary inquiry into the matter, or | |
(ii) facilitate the trial or preliminary inquiry, or simplify or dispose of issues; | |
(c) give directions to the trial scheduler about the time to be set for the trial or preliminary inquiry; | |
(d) if there is no trial scheduler for that Court registry, set the time for the trial or preliminary inquiry; | |
(e) make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules, to facilitate the trial or preliminary inquiry or to simplify or dispose of issues; | |
(f) adjourn the arraignment hearing to enable compliance with any order made or direction given under paragraph (e); | |
(g) adjourn the arraignment hearing and refer the accused, if not represented by legal counsel, to consult with duty counsel or other legal counsel of the accused's choice; and | |
(h) hear one or more applications made in respect of the case, if it is convenient and practicable to the Court and all parties. |
Idem
(3) Nothing in this rule abrogates solicitor-client privilege and the right of the accused to remain silent.
Guilty Pleas
(4) If the accused enters a guilty plea at the
arraignment hearing, the presiding judge may
(a) conduct a sentence hearing at that time; or |
(b) adjourn sentencing to a time that provides a just and timely disposition of the matter. |
Idem
(5) An acused who wishes to enter a guilty plea before the date set for the arraignment hearing may appear before a judge to do so on making the necessary arrangements with the trial scheduler in consultation with the prosecutor.
Setting Time for Trial or Preliminary Inquiry
(6) If the judge presiding at the arraignment hearing refers
the matter to a trial scheduler for scheduling, the trial scheduler shall
(a) set a time for the trial or preliminary inquiry, as the case may be, or for the hearing of an application in respect of the case, in accordance with | ||
(i) the time estimate determined by the judge, and | ||
(ii) any direction given by the judge; and | ||
(b) set a time for the accused's trial confirmation hearing, which time shall not be less than 30 days before the time set for the trial or preliminary inquiry under paragraph (a). |
(7) The trial scheduler may, before setting a time under
subrule (6), refer any scheduling difficulties that arise to the judge who
presided at the arraignment hearing, providing the judge with information about
those difficulties.
RULE 9 - Trial Readiness Report
Trial Readiness Report
(1) At the trial confirmation hearing
(a) the prosecutor shall file with the Court a trial readiness report in Form 3 and provide a copy of the report to the accused's legal counsel or, if the accused is not represented by legal counsel, to the accused; and |
(b) subject to subrule (2), the accused's legal counsel, if any, shall file with the Court a trial readiness report in Form 4 and provide a copy of the report to the prosecutor. |
Idem
(2) Subject to paragraph 10(2)(a), the accused's legal
counsel, if any, is not required to attend the trial confirmation hearing if the
trial readiness report in Form 4 is filed with the Court and provided to the
prosecutor at least seven days before the trial confirmation hearing.
RULE 10 - Trial Confirmation Hearing
Accused Shall Attend Trial Confirmation Hearing
(1) Unless a judge orders otherwise, it is a requirement of the Court, in both indictable and summary conviction proceedings, that the accused and the prosecutor shall attend at the time set under paragraph 8(6)(b) for a hearing before a judge to review the trial readiness reports filed under rule 9 and to confirm the time set for the accused's trial or preliminary inquiry, as the case may be.
Review of Trial Readiness Report
(2) If on reviewing a trial readiness report the judge is
not satisfied that the contents of the report indicate with reasonable certainty
that the accused's trial or preliminary inquiry, as the case may be, will
conclude within the time set, the judge may
(a) if necessary, adjourn the trial confirmation hearing to a time specified by the judge to enable the prosecutor, the accused and his or her legal counsel, if any, to attend before the judge for directions; and |
(b) make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules including, without limitation, setting a time for a hearing, before the trial or preliminary inquiry, for the purpose of an application referred to in item 3 or 4 of the trial readiness report in Form 4. |
Application of the Rule
(1) This rule applies to an application for an order to adjourn a trial or preliminary inquiry, after a time for an order has been set for the proceeding but before it commences.
When Application to be Made
(2) An application for an order to adjourn a proceeding referred to in subrule (1) shall be made to a judge at the earliest opportunity after the applicant or the applicant's legal counsel becomes aware that an adjournment is necessary.
Notice of Application
(3) At least two days before the application for an order
to adjourn is to be heard, notice of the application for an order to adjourn in
Form 5 shall be filed with the Court and a copy of the notice given to each
party, unless a judge dispenses with notice.
Prompt Notice to the Court
(1) Legal counsel shall promptly notify the Court of the
following:
(a) change of legal counsel for the accused; |
(b) withdrawal as legal counsel for the accused; and |
(c) if a time estimate provided to the Court, in relation to a proceeding, is inaccurate. |
Counsel Assuming Conduct after Arraignment Hearing
(2) Legal counsel for the accused assuming conduct after
the arraignment hearing shall promptly
(a) file with the Court written notice of that fact and give a copy of the notice to each party; and |
(b) review the last time estimate provided to the Court in relation to the accused's trial or preliminary inquiry, as the case may be. |
Order for Continuation within 30 Days
(1) If necessary in the interests of justice and in
consideration of the purpose of these Rules, the judge presiding at a proceeding
that does not conclude within the time scheduled may order, on any terms the
judge considers just, and having first consulted with the trial scheduler, that
the proceeding continue within a 30-day period or less.
October 4, 1999 | Okanagan Judicial District: Kelowna, Oliver, Penticton, Princeton, Revelstoke, Salmon Arm, Vernon |
November 1, 1999 | North Fraser Judicial District:
Burnaby, Coquitlam, Maple Ridge, New Westminster |
January 31, 2000 | Part of South Vancouver Island Judicial
District: Victoria and Colwood Kootenay Judicial District: |
May 1, 2000 | Part of South Vancouver Island Judicial
District: Duncan North Vancouver Island Judicial District: Coast Judicial District: |
June 12, 2000 | Vancouver/Richmond Civil/Family Judicial District:
Vancouver Family (Robson Square), Richmond Family Kamloops Judicial District: Prince George/Peace Judicial District: Cariboo Judicial District: Northwest Judicial District: Northern British Columbia: |
November 6, 2000 | Vancouver/Richmond Criminal Judicial District:
Vancouver Criminal (222 Main St.), Richmond South Fraser Judicial District: Any court location not described above |