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Nov Advocate 2017

904 THE ADVOCATE VOL. 75 PART 6 NOVEMBER 2017 (a) for cases where proceedings took place in the Provincial Court of B.C., within twenty-four months of the accused person’s first appearance in the Court, and (b) for cases initiated by direct indictment, within twenty-eight months of the accused person’s first appearance in the Court. For the purposes of the timelines in this practice direction, the trial does not include sentencing proceedings. Modification of Timelines 20. For a case subject to this practice direction, a party may apply for modification of the framework of timelines if the case is truly extraordinary, compared with other complex criminal cases that are subject to this practice direction. 21. The application may be made to the Chief Justice or the Associate Chief Justice when the accused person first appears in the Court or shortly after, or to the case management judge at any time. 22. A case will be truly extraordinary, compared with other complex criminal cases that are subject to this practice direction only if (a) urgent public safety concerns required the indictment to be preferred at a time which does not reasonably allow the Crown to conform to the timelines for disclosure in paragraphs 7 and 8, or (b) the case is of a magnitude or complexity far exceeding those of other complex criminal cases that are subject to this practice direction. 23. The timelines set out above are intended to frame and guide the overall progress of the case. They reflect the general nature of the cases subject to this practice direction and their anticipated scope and complexity. Modification of the framework of timelines, according to the preceding three paragraphs, will accordingly reflect those general characteristics of a case, and not specific circumstances that may have arisen during the course of the proceedings. An application for modification of the framework of timelines on the basis that a case is truly extraordinary should be based on the general nature of the case and its anticipated scope and complexity. For that reason, such applications will generally be made at an early stage. Applications for extensions of specific timelines because of specific circumstances (e.g. for an extension of the period for notice of an application because of the illness of counsel) fall outside the scope of the preceding paragraphs, and should be addressed separately with the case management judge.


Nov Advocate 2017
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