TABLE OF CONTENTS. Table of Cases... Introduction and User Notes...

Transcription

1 Table of Cases... Introduction and User Notes... xiii xliii PART I PROVINCIAL COURT CRIMINAL CASEFLOW MANAGEMENT RULES, PRACTICE DIRECTIONS AND NOTICES TO THE PROFESSION... 3 Rule 1 - Object, Application, and Interpretation Rule 2 - Effect of Non-Compliance Rule 3 - Practice Directions of Chief Judge Rule 4 - Notice and Filing Rule 5 - Initial Appearance Rule 6 - Crown Disclosure Rule 7 - Repealed Rule 8 - Arraignment Hearing Rule 9 - Repealed Rule 10 - Repealed Rule 11 - Adjournment of Trial or Preliminary Inquiry Rule 12 - Notice by Counsel Rule 13 - Continuations Forms Form 1 - (CPD-1) Consent Requisition Form 2 - (CPD-1) Application to Vary Bail by Consent [Note: Form PCR 317 will be used as Form 2 (CPD-1) Form 3 - (CPD-1) Consent Remand Form 4 - (CPD-1) Consent Arraignment Form 5 - (Rule 11(3)) Notice of Application to Adjourn Table of Practice Directions and Notices to the Profession PCD 1 (2013 CPD-1) CCFM Criminal Caseflow Management Rules Simplified Front End Criminal Process (2013) PCD 2 (CRIM 01) Federal Tax Prosecutions PCD 3 (CRIM 02) Elections under Section 536(2) Criminal Code of Canada PCD 4 (CRIM 03) Daytime Search Warrant Applications PCD 5 (CRIM 04) Scheduling of Continuations PCD 6 (CRIM 05) Hearing of Bail Applications PCD 7 (CRIM 06) Prison Remands to East Kootenay Judicial District from the Justice Centre PCD 8 (CRIM 07) Domestic Violence Docket Kelowna and Penticton Registries PCD 9 (CRIM 08) Criminal Caseflow Management Rules Simplified Front End Process (2013) Forms and Procedure PCD 10 (CRIM 09) Missing Persons Act Applications PCD 11 (CRIM 10) Introducing Evidence Containing High Potency Narcotics BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2018 vii

2 PCD 12 PCD 13 PNP 1 PNP 2 PNP 3 PNP 4 PNP 5 PNP 6 PNP 7 (CRIM 11) Scheduling Conflicts Between Provincial Court and the Supreme Court (GEN 02) Access to the Court for Lawyers and Articled Students who have a Disability (NP 01) Prosecution of Offences under the Tsawwassen First Nations Final Agreement (NP 02) Form of Address for Judicial Justices (NP 03) Assignment of Duties Pursuant to S. 11 of the Provincial Court Act (NP 04) Updating the Status of Practice Directions and Notices to the Profession (NP 05) Prosecution of Offences under the Maa-nulth First Nations Final Agreement (NP 06) Assignments Court Lists (NP 10) Recording of Proceedings Before Judicial Case Managers PART II SUPREME COURT CRIMINAL RULES, PRACTICE DIRECTIONS AND NOTICES TO THE PROFESSION Rule 1 - General Rule 2 - Notice of Application Rule 3 - Service Rule 4 - Mandamus, Certiorari, Habeas Corpus, Prohibition, Bail Applications, and Disposition of Exhibits Rule 5 - Pre-trial Conferences Rule 6 - Summary Conviction Appeals Rule 7 - Applications For a Reduction in the Number of Years of Imprisonment Without Eligibility for Parole Table of Forms Form 1 - Notice of Application Form 2 - Certificate of Service Form 3 - Notice of Appeal - Defence Appeals Against Conviction, Sentence or Other Order Form 4 - Notice of Appeal - Crown Appeals Against Acquittal, Order Staying Proceedings or Sentence Form 5 - Notice of Abandonment of Appeal Form 6 - Notice of Application for Extension or Reduction of Time to Appeal Form 7 - Notice of Application for Release from Custody Pending Determination of Appeal or Stay of Probation Order or Driving Prohibition Form 8 - Application for Reduction in Number of Years of Imprisonment Without Eligibility for Parole Form 9 - Affidavit of Applicant Form 10 - Criminal Pre-Trial Conference viii BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2018

3 Suggested Additional Forms Form 16 - Prosecution Sentencing Brief Form 17 - Defence Sentencing Brief Form 18 - Request for Crown Disclosure Table of Practice Directions and Notices to the Profession Criminal SCD 1 Criminal Rules of the Supreme Court of British Columbia Sections 482 and (1) of the Criminal Code (Re) January 9, 1998 SCD 2 Criminal Law Practice Direction (consolidated).... November 2, 1998 I. Applications in Criminal Proceedings II. Criminal Files and Search Warrants III. Bail Reviews Attendance by Accused SCD 3 Intercepted Communications Applications to Revoke or Vary November 2, 1998 SCD 4 Notice Re Criminal Law Practice Direction (consolidated) November 2, 1998 SCD 5 Challenging Jurors For Cause Notice of Application for Leave July 29, 1999 SCD 6 Trial Date Fixing Attendance of Accused.... October 13, 1999 SCD 7 Appeals/Judicial reviews pursuant to s Motor Vehicle Act (90 day roadside suspensions) Memorandum to All Supreme Court Trial Coordinators June 28, 2000 SCD 8 French Language Jury Trials December 1, 2000 SCD 9 Memorandum to All Criminal Registry Staff Re Section II, Paragraph 1 of the Criminal Law Practice Direction October 1, 2003 SCD 10 Amendment to the Criminal Practice Direction Dated November 2, March 3, 2004 SCD 11 Applications for Bail Reviews September 22, 2005 SCD 12 Media Notification of Applications in Criminal Matters Pilot Project in the Vancouver Registry (originally issued September 9, 2005) February 23, 2006 SCD 13 Sealing Orders Notice Requirement June 9, 2006 SCD 14 SCD 15 SCD 16 Publication Ban Notification Project - Expansion to New Westminster October 29, 2007 Procedure for Fixing Dates in Criminal Proceedings in Vancouver and New Westminster December 1, 2009 Court to Court Communications in Cross-Border Cases July 1, 2010 SCD 17 Gowning Policy for Counsel July 1, 2010 SCD 18 Criminal Pre-Trial Conference Process December 1, 2012 Appendix "A" Crown Synopsis for Criminal Proceedings Appendix "B" Crown Synopsis for Extradition Proceedings Criminal Pre-Trial Conference Project Information Sheet SCD 19 Notice Regarding Applications for Exemption from the Criminal Code Prohibition Against Physician Assisted TABLE OF CONTENTS BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2018 ix

4 Criminal Guidelines SCD 20 Death February 25, 2016 Scheduling Conflicts Between Provincial Court and the Supreme Court June 6, 2017 SCD 21 Complex Criminal Cases September 1, 2017 SCD 22 Sentencing, Orders and Prohibitions Checklist..... December 2010 Civil - Administrative Notes SCD 23 AN - 2 Emergency After-Hours Applications in Vancouver - Civil and Family July 1, 2010 SCD 24 AN - 5 Photocopy and Fax Charges Guideline July 1, 2010 SCD 25 AN - 6 Video Conferencing July 1, 2010 SCD 26 AN - 14 Cover Page Requirements for Application Records, Petition Records Trial Briefs, Case Plan Proposals, Notices of JCCs and Written Submissions. June 12, 2017 Civil - Practice Directions SCD 27 PD - 1 Affidavits - Identification of Counsel or Commissioner July 1, 2010 SCD 28 PD - 9 Fax Filing Registries Fax Numbers July 1, 2010 SCD 29 PD - 17 Real Time Reporting July 1, 2010 SCD 30 PD - 18 Request to Appear Before a Specific Judge, Master or Registrar July 1, 2010 SCD 31 PD - 24 Witness Oath or Affirmation July 1, 2010 SCD 32 PD - 27 Corresponding with the Court July 17, 2010 SCD 33 PD - 44 Requirement for Appearance List January 5, 2015 SCD 34 PD - 48 Video Recording or Broadcasting of Court Proceedings November 17, 2015 PART III CRIMINAL APPEAL RULES, PRACTICE DIRECTIVES AND NOTES Rule 1 - Title Rule Interpretation Rule 2 - Application of Court Rules and Practice Directives Rule 3 - Appeal by the Defendant Rule 4 - Appeal by the Prosecutor Rule 5 - Notice of Appeal Rule 6 - Application Rule 7 - Filing of Appeal Book and Transcript of Evidence Rule 8 - Form and Content of Appeal Book and Transcript Rule 9 - Negotiations on Size of Appeal Book and Transcript Rule 10 - Factums Rule 11 - Sentence Appeals with Counsel Rule 12 - Post Sentence Reports Rule 13 - Summary Dismissal for Want of Prosecution or x BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2018

5 Failure to Comply with Rules Rule 14 - Abandonment Rule 15 - Pre-hearing Conference Rule 16 - Time Limits Rule 17 - Applications to the Court or a Justice Rule 18 - Non-compliance with Rules Rule 19 - Procedure on Release Application Rule 20 - Reviews under Section 680 Table of Forms Form 1 - Notice of Appeal or Application for Leave to Appeal Form 1A - Notice of Appeal or Application for Leave to Appeal Form 2 - Notice of Appeal or Application for Leave to Appeal Form 3 - Notice of Appeal or Application for Leave to Appeal Crown Appeals against Acquittal or Sentence Form 4 - Appeal Book Form 5 - Transcript Form 6 - Factum Form 7 - Notice of Application for Extension of Time to Appeal Form 8 - Notice of Application for Release From Custody Pending Determination of Appeal and Order for Release Form 9 - Notice to Release Appellant Pending Determination of Appeal Form 10 - Review Under Criminal Code Section 680 Form 11 - Notice of Abandonment of Appeal Table of Practice Directives and Notes to the Profession PDN 1 Addressing the Court PDN 2 Adjournment of Appeals PDN 3 Applications for a Court-Appointed Lawyer PDN 4 Chambers Applications by Telephone or Videoconference PDN 5 Citation of Authorities PDN 6 Condensed Books PDN 7 Correction of Books Filed with Court PDN 8 Court of Appeal Practice Directives PDN 9 Court Sittings in Kamloops and Kelowna PDN 10 Criminal Conviction/Acquittal Appeals Timeline PDN 11 Criminal Transcripts PDN 12 Doube-Siding of Appeal Materials PDN 13 Electronic Media in Appeal Books PDN 14 Expedited Appeals PDN 15 Extradition Appeals PDN 16 Factums in Criminal Appeals PDN 17 Five Justice Divisions PDN 18 Forfeiture, Dangerous and Long Term Offender Appeals PDN 19 Frequently Cited Authorities PDN 20 Guidelines for Protecting Privacy Interests in Reasons for BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2018 xi

6 PDN 21 PDN 22 PDN 23 PDN 24 PDN 25 PDN 26 PDN 27 PDN 28 PDN 29 PDN 30 Judgment In-Custody Appellants and New Trials Ineffective Assistance of Trial Counsel Mental Disorder Appeals Preferred Filing Registry Publication Bans Sentence Appeals Submission of Electronic Factums and Statements Summary Conviction Appeals Supplementary Arguments Use of the Facsimile in the Court of Appeal PART IV OFFENCE ACT PART V COURTS, AGENCIES, MINISTRIES PART VI LEGAL AID TARIFF General Terms and Conditions Criminal Tariff for referrals on or after December 8, 2010 PART VII INDEX xii BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2018