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Nov Advocate 2017

THE ADVOCATE 909 VOL. 75 PART 6 NOVEMBER 2017 39. The case management judge may require additional materials to assist with the management of the case. 40. The Crown Synopsis, the Crown’s trial plan, and any other documents required by the case management judge for case management purposes are to assist the defence in its review of the Crown disclosure and its preparation of the defence, and the Court in the management of the case. They are not to be treated as formal particulars of the indictment, binding on the Crown. Matters for Consideration at Case Management Conferences 41. In performing the role described at paragraphs 27–29 above, the case management judge will generally, as appropriate for the case (a) where the accused person has not retained counsel ii(i) advise on steps the accused person may take to do so, and i(ii) if the accused person will represent himself or herself during the proceedings, direct him or her to resources for information about how to do so (b) review the Crown’s trial plan with the parties, and discuss with the parties such matters as ii(i) whether all of the proposed evidence is necessary, given the parties’ positions i(ii) topics appropriate for potential admissions (iii) the point in the trial at which certain evidence will be dealt with, and (iv) any known scheduling constraints on the parties, the witnesses, or the Court (c) discuss potential admissions, and set timelines by which, for example ii(i) the party seeking admissions will outline them in writing in general terms i(ii) the other party will then indicate whether those admissions will be made, subject to an acceptable detailed draft (iii) the seeking party will propose a detailed draft reflecting the areas of general agreement, and (iv) the other party will indicate whether the admissions, as drafted, are acceptable or not (d) identify any applications that may need to be determined before the application screening conference, specify timelines for notice


Nov Advocate 2017
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