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Nov Advocate 2017

902 THE ADVOCATE VOL. 75 PART 6 NOVEMBER 2017 within 30 days of the accused person’s first appearance in the Court, and (b) all remaining Crown disclosure will be made within three months of the accused person’s first appearance in the Court. 8. For cases initiated by direct indictment (a) initial Crown disclosure (consisting of the substantial portion of the disclosure to be given to the accused person) will be made within three months of the accused person’s first appearance in the Court, and (b) all remaining Crown disclosure will be made within five months of the accused person’s first appearance in the Court. 9. One or both parties may ask the Chief Justice or the Associate Chief Justice or the case management judge to specify which timelines (paragraph 7 or paragraph 8) will apply for disclosure, and, correspondingly, which timelines will apply to the remaining steps in the pre-trial process. This determination will usually turn on the extent of the disclosure reasonably to be expected of the Crown by the time of the accused person’s first appearance in the Court, or shortly after it. For that reason, the application should be made at that time, or, at the latest, at the first case management conference. 10. The expectation that all Crown disclosure be made within three months (paragraph 7) or five months (paragraph 8) of the accused person’s first appearance in the Court does not in any way affect the Crown’s ongoing disclosure obligation. Similarly, the timelines for disclosure do not affect the Crown’s obligation to make disclosure as soon as practicable. 11. Where Crown disclosure is made outside the indicated timelines, any issues that arise should be raised with the case management judge (before the trial), or with the trial judge (if the trial has begun), at the earliest opportunity. Crown Synopsis and Trial Plan 12. The Crown Synopsis, referred to in paragraphs 35–36, is to be delivered to the defence and the Court at least 7 days before the first case management conference. 13. In addition, the Crown will deliver a trial plan to the defence and the Court, containing the information described below in paragraph 37. 14. For cases where proceedings took place in the Provincial Court of B.C.,


Nov Advocate 2017
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