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Nov Advocate 2017

THE ADVOCATE 901 VOL. 75 PART 6 NOVEMBER 2017 plex criminal case, will continue to be made on a case-by-case basis, according to the principles in R. v. Jordan and any further developments in the law. Paragraphs 20–23, below, allow for the framework of timelines to be modified for cases that are truly extraordinary, compared to other complex criminal cases that are subject to this practice direction. Preferring the Indictment 4. For every case that may be subject to this practice direction (and, wherever possible, for every other criminal case), the Crown will be expected to prefer an indictment on or before the accused person’s first appearance in this Court. Case Management Judge and Case Management Conferences 5. The Chief Justice or the Associate Chief Justice or their designate will appoint a case management judge (under s. 551.1 of the Criminal Code) at or around the time that it appears or is determined that the case is subject to this practice direction. 6. The case management judge will conduct a case management conference shortly after the accused person’s first appearance in the Court, and will hold further case management conferences from time to time afterwards as necessary. Disclosure The timelines for disclosure set out below (and some subsequent steps in the process) are shorter for cases where proceedings took place in the Provincial Court than for cases initiated by direct indictment. This is because proceedings in the Provincial Court, such as a preliminary inquiry, will often allow for nearcomplete disclosure before committal for trial and the first appearance in this Court. By contrast, for a case initiated by direct indictment after a recent police investigation that did not allow for ongoing disclosure, disclosure may require longer (after the accused person’s first appearance) to complete. The Court recognizes that some cases will not fall squarely within one of the two categories. For example, only very limited proceedings may take place in the Provincial Court before the Crown prefers a direct indictment. Or, a case initiated by direct indictment may be small in scope and entirely straightforward. In any such uncertain situations, one or both parties may ask the Chief Justice or the Associate Chief Justice or the case management judge to specify whether the shorter or the longer timelines will apply. 7. For cases where proceedings took place in the Provincial Court (a) initial Crown disclosure (consisting of the substantial portion of the disclosure to be given to the accused person) will be made


Nov Advocate 2017
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