THE ADVOCATE 895
VOL. 77 PART 6 NOVEMBER 2019
2. Effective June 01, 2004, all elections pursuant to section 536(2) of the
Criminal Code of Canada must be taken at the arraignment hearing and
all procedures prescribed in sections 536(4) and 536.3 must be completed
at the arraignment hearing. No trial or hearing date shall be set
in a matter requiring an election if an election has not been recorded
or if the procedures prescribed in sections 536(4) and 536.3 have not
3. If no request is made under section 536(4) for a preliminary inquiry at
the time of the election the judge presiding at the arraignment hearing
may, on application by the accused or the prosecutor, adjourn the
arraignment hearing for a reasonable time, for the parties to consider
whether such a request will be made.
4. If a request is made under section 536(4) for a preliminary inquiry, the
judge presiding at the arraignment hearing may adjourn the arraignment
hearing for a reasonable time for the parties to file such statements
as are required by section 536.3, and no hearing date shall be set
for a preliminary inquiry until after such statements are filed and considered
at the arraignment hearing.
This practice direction is in effect from May 31, 2004 and remains in effect
until further direction from the Chief Judge.
History of Practice Direction
• Original practice direction dated May 31, 2004.
• Amended practice direction dated February 23, 2015 (changes to
wording and formatting – final paragraph of original practice direction
• Amended practice direction dated September 18, 2019 (consequential
amendments further to Bill C-75 amendments regarding section
I make this practice direction pursuant to my authority under the Provincial
Court Act, R.S.B.C. 1996, c. 379, and Rule 3 of the Criminal Caseflow Management
Provincial Court of British Columbia