Summary sheet Mid-level case management - Criminal Last updated: January 20, 2016 Mid case management eligibility criteria Criminal law matters may be streamed to case management under three particular circumstances: The case contains at least one of the charges listed below A Preliminary Hearing of Trial Date has been set Tariff will be insufficient to complete proceeding (Total cost of case in fees and billings likely to exceed $8,000 and be less than $30,000 (BCM homicide) or $20,000 (BCM non-homicide)) Mid case management budget Budgets set based on existing tariff authorizations and case management (CM) authorizations CM authorizations to be added to certificate (additional hours) o 10 hours o 25 hours o 50 hours o 75 hours o 100 hours o 150 hours Budgets will be determined in consultation with the case manager Budgets once set can be amended prior to costs being incurred No discretion is available on case managed files CM authorizations hours: Factors to be considered The length of the proceeding The charge(s) and the preparation hours that are provided under the tariff The merits of the proposed pre-trial motions Novel legal issues (e.g. constitutional challenges to legislation, expansion of common law defences) The nature of forensic and expert evidence (e.g. novel forensic evidence that may be challenged at trial by either defence or Crown) Client with special needs (e.g. mental health issues, serious non-criminal law consequences if convicted) Disclosure complexity, volume, etc. Summary sheet: Mid case management - Criminal 1
Crown litigation strategy (e.g. prosecution acting unreasonable) Extended sentencing hearing (e.g. matter resolved but detailed Gardiner hearing required) The historical billing pattern of the service provider (e.g. regularly exceeds tariff and requests discretion) Mid case management process A direction will appear on a certificate which covers a case management eligible charge this case may be case managed Where costs likely to exceed $8,000, counsel completes Criminal Mid-level Case Management Assessment Form (Preliminary Hearing or Trial) and forwards to LAO LAO Case Manager reviews assessment form, contacts counsel to discuss case and set budget if indicated Case management authorizations added to certificate Counsel completes work and submits account for payment (Payment within 21-25 days if account matches i.e., account does not exceed budget, is not late billed, etc.) List of motions and application which may be present in a mid-level case Type Motion Description Evidentiary: Charter/Common Law Motions S.10 (b) Right to counsel/caution give re: accused s statement Voluntariness of accused s statements S. 8 Unreasonable Search & Seizure of evidence found on defendant, vehicle or premises S. 24(2) Other Evidence obtained in manner that infringes on defendant s rights and brings justice in disrepute S. 9 Arbitrary Arrest, Detention Hearsay Evidence Unseal search warrant Dawson application K.G.B. motion to admit what would otherwise be inadmissible hearsay evidence based on reliability Pre-condition to Dawson application To cross-examine affiant re: wiretap authorization Summary sheet: Mid case management - Criminal 2
Type Motion Description Procedural motions Garofoli application Mohan application Post-offence conduct of the defendant Vetrovec warning or instruction Stinchcombe application McNeill/O Connor application Scopelliti application Alternate Suspect application Seaboyer application Carosella application Application to disclose identity of confidential informant Challenge to validity of wiretap authorization Defence motion to exclude Crown s expert witness E.g. flight as indication of guilt To jurors re: bad character of Crown Witness Motion for additional disclosure from Crown To obtain 3 rd party records of complainant/witness Evidence of a third party s bad character Application for leave to cross-examine complainant about prior sexual conduct Stay based on lost disclosure S. 11(b) Seeking stay of proceedings based on delay Adjournment application Application to allow client to sit at counsel table Rowbotham/Fisher applications for funding Constitutional or other Challenge to Legislation Responding to Crown applications (ss. 7, 11, 12 sentencing provisions, changes to CCC which alter case to meet or change onus) Similar fact Removal of Counsel Corbett application to exclude criminal record of accused Summary sheet: Mid case management - Criminal 3
Type Motion Description Prior similar acts of misconduct of accused Khan application to admit otherwise inadmissible unsworn evidence of witness List of criminal charges under Mid Case Management: Managed by Case Management and Litigation (CML) group Type Charges Code Homicide Conspiracy to Commit Murder CRIM112 Counseling to Commit Murder Criminal Negligence Causing Death Dangerous Driving Causing Death Flight in Motor Vehicle Causing Death Impaired Driving Causing Death Manslaughter Murder Criminal Negligence Causing Death (Firearm) Manslaughter (Firearm) Summary sheet: Mid case management - Criminal 4 CRIM159 CRIM165 CRIM170 CRIM236 CRIM268 CRIM317 CRIM326 CRIM584 CRIM585 Terrorism Commission of an offence for terrorist group CRIM572 Indictable 2 appeals Instruct to carry out activity for terrorist group Appeal on charge of conspiracy to commit murder Appeal on charge of counselling to commit murder Appeal on charge of criminal negligence causing death Appeal on charge of dangerous driving causing death Appeal on charge of flight in motor vehicle causing death Appeal on charge of impaired driving causing death CRIM573 CAPP116 CAPP163 CAPP169 CAPP174 CAPP241 CAPP273
Type Charges Code Appeal on charge of manslaughter Appeal on charge of murder Appeal on charge of criminal negligence causing death (firearm) Appeal on charge of manslaughter (firearm) Appeal on charge of commission of an offence for terrorist group Appeal on charge of instruct to carry out terrorist activity CAPP320 CAPP329 CAPP569 CAPP570 CAPP579 CAPP580 List of criminal charges under Mid Case Management: Managed by the district office Type Charges Code Non-homicide Extremely Serious Matters (ESM) Non-ESM sexual assault Attempt Murder (Firearm) Causing Bodily Harm with Intent (Firearm) Sexual Assault (Firearm) Aggravated Sexual Assault (Firearm) Kidnapping (Firearm) Hostage-taking (Firearm) Robbery (Firearm) Extortion (Firearm) Accessory after the fact murder Aggravated Sexual Assault Anal Intercourse Assault with intent to commit buggery (offence occurred prior to 01/01/1985) Attempt Murder Attempt Rape CRIM586 CRIM587 CRIM588 CRIM589 CRIM590 CRIM591 CRIM592 CRIM593 CRIM005 CRIM013 CRIM017 CRIM25 CRIM34 CRIM37 Summary sheet: Mid case management - Criminal 5
Type Charges Code Attempt Sexual Assault Attempt Sexual Interference Bestiality Expose Genitals (under 14) Fail to Provide the Necessities of Life Fail to Remain Causing Bodily Harm/Death Gross indecency (offence prior to 01/01/1988) Incest Invitation to sexual touching Rape (offence occurred prior to 01/01/1985) Sexual Assault Sexual Assault Causing Bodily Harm Sexual Assault with a weapon Sexual Exploitation Sexual Intercourse with female under 16 Sexual Interference Fail to comply with order under Sex Offender Information Registration Act Knowingly provide false or misleading information under Sex Offender Information Registration Act Unauthorized person exercising function or performing duty under Sex Offender Information Registration Unauthorized consultation, matching, disclosure and use of information under Sex Offender Information Agreement or arrangement Sexual offence against child Making sexually explicit material available to children CRIM39 CRIM40 CRIM049 CRIM200 CRIM212 CRIM215 CRIM252 CRIM281 CRIM294 CRIM433 CRIM452 CRIM453 CRIM454 CRIM455 CRIM456 CRIM457 CRIM563 CRIM564 CRIM565 CRIM566 CRIM609 CRIM610 Summary sheet: Mid case management - Criminal 6
Mid Case Management: Authorization and directions Code Description CD100 This matter has been identified as a potential Case Management matter. Please complete the appropriate MCM or BCM form if fees and disbursements are expected to exceed tariff maximums. CA100 This Certificate is subject to Case Management Rules and an additional 10 CA101 This Certificate is subject to Case Management Rules and an additional 25 CA102 This Certificate is subject to Case Management Rules and an additional 50 CA103 This Certificate is subject to Case Management Rules and an additional 75 CA104 This Certificate is subject to Case Management Rules and an additional 100 CA105 This Certificate is subject to Case Management Rules and an additional 150 Summary sheet: Mid case management - Criminal 7