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Nov Advocate 2017

906 THE ADVOCATE VOL. 75 PART 6 NOVEMBER 2017 (c) hear, or arrange for the hearing of, any pre-trial applications that need to be determined at an early stage, before the application screening conference Some applications may need to be heard and determined at an early stage, before the application screening conference can take place—for example, some applications relating to the retaining of counsel for the accused person, or for additional disclosure, or for severance. Subsections 551.3(1)(g) and (4) of the Criminal Code give the case management judge authority to adjudicate in many of these situations. (d) schedule and conduct, or ask the Chief Justice or the Associate Chief Justice to appoint another judge to conduct, the application screening conference, and, accordingly, perform the various functions described in paragraph 47, below, either in the application screening conference or at some other appropriate time Any setting of dates should take into account not only the calendars and the other obligations of the judge who will preside, and of counsel or the accused person and the witnesses, but also the availability of court staff and the appropriate types of courtrooms. (e) from time to time, adjust the timelines or directions that apply to the case to accord with the specific circumstances of the case (f) until a trial judge is assigned, consider any changes the Crown makes to its trial plan, and their consequences for the progress and schedule of the trial, and make adjustments to timelines or directions as appropriate, and (g) where requested to do so by the Chief Justice or the Associate Chief Justice or by the trial judge in consultation with the Chief Justice or the Associate Chief Justice, hear and determine voir dires or pre-trial or other applications before or during the trial. (See s. 551.3(1)(g) and (4) of the Criminal Code.) 29. The case management judge will deal with instances of non-compliance with timelines or other components of this practice direction by exercising his or her case management powers as the circumstances of the case require. Responses to non-compliance may include formally attributing responsibility for the resulting delay (for the purposes of any later analysis of whether there was a breach of the accused’s right under s. 11(b) of the Charter of Rights and Freedoms). In more egregious cases of non-compliance, the case management judge or the trial judge may take such other steps as may be necessary to ensure that the case proceeds in an orderly way and within a reasonable time.


Nov Advocate 2017
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