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Nov Advocate 2017

THE ADVOCATE 905 VOL. 75 PART 6 NOVEMBER 2017 CASE MANAGEMENT JUDGE Appointment of the Case Management Judge 24. The Chief Justice or the Associate Chief Justice or their designate will appoint a case management judge for a case under s. 551.1 of the Criminal Code at or around the time that the case appears or is determined to be subject to this practice direction. 25. The case management judge will usually be appointed at the time of the accused person’s first appearance in the Court, or shortly afterwards. 26. The Chief Justice or the Associate Chief Justice or their designate may appoint an additional case management judge for the case in the appropriate circumstances. One or more of the parties may apply on this point to the Chief Justice or the Associate Chief Justice, the case management judge, or the trial judge. Or, the Chief Justice or the Associate Chief Justice may make such an appointment of their own initiative, or on the recommendation of the case management judge. In those circumstances, Crown and defence counsel or the accused person will usually be consulted. In some situations—especially where the Crown and the defence are represented by multiple counsel—it may be appropriate and useful for the progress of the case for one case management judge to hear one or more voir dires or pre-trial applications while another case management judge or the trial judge hears others. Account must be taken of the principle that the accused person is entitled to be present throughout his or her trial. Role of the Case Management Judge 27. The case management judge will perform the role described in s. 551.2 of the Criminal Code, namely to assist in promoting a fair and efficient trial, including by ensuring that the evidence on the merits is presented, to the extent possible, without interruption. The case management judge may or may not be the trial judge. 28. In managing the case, the case management judge will exercise the powers expressly set out in s. 551.3 of the Criminal Code or recognized by the common law, and will generally: (a) conduct periodic case management conferences, as described below in paragraphs 30–41, beginning shortly after the accused person’s first appearance in the Court (b) for cases initiated by direct indictment, establish, at the first case management conference, a date by which the Crown’s trial plan is to be delivered to the defence and the Court


Nov Advocate 2017
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