CRIMINAL CODEYOUTH CRIMINAL JUSTICE ACTProvincial Court of British Columbia Criminal Caseflow Management RulesThe Provincial Court of British Columbia, pursuant to section 482a of the Criminal Code and section 68 of the Young Offenders Act, hereby makes the annexed Provincial Court of British Columbia Criminal Caseflow Management Rules.S.C. 1994, c. 44, s. 35Dated at Vancouver this 13th day of September, 1999Robert W. MetzgerChief Judge of the Provincial Court of British ColumbiaOBJECT, APPLICATION AND INTERPRETATIONPurpose of RulesThe purpose of these Rules is to provide simple, effective and efficient management of all proceedings of a criminal nature in order to secure a just and timely determination of every case before the Court.DefinitionsThe definitions in this subrule apply in these Rules.accused includes a young person as defined in subsection 2(1) of the Young Offenders Act. (accusé)arraignment hearing means an arraignment hearing under rule 8. (audience de mise en accusation)arraignment report means an arraignment report under rule 7. (rapport de mise en accusation)Court means the Provincial Court of British Columbia. (Cour)initial appearance means the required attendance of a person in court for the first time in respect of a charge, and includes an adjournment from such appearance. (comparution initiale)judge means a judge of the Court. (juge)proceeding includes a trial, application, preliminary inquiry or other hearing before the Court. (procédure)trial confirmation hearing means a trial confirmation hearing under rule 10. (audience de confirmation de l’instruction)trial readiness report means a trial readiness report under rule 9. (rapport préalable à l’instruction)trial scheduler means a justice assigned to schedule proceedings for the Court. (responsable du rôle)Matters not Provided for in RulesIf a matter is not provided for in these Rules, the practice is to be determined by reference to the purpose of these Rules and any practice directions issued under rule 3.EFFECT OF NON-COMPLIANCENon-complianceA failure to comply with a rule is an irregularity and does not nullify a proceeding, a step taken or any record or order made in the proceeding.Court May Grant ReliefIf there is a failure to comply with a rule, a judge may grant any relief the judge considers necessary to achieve the purpose of these Rules.Judge May Dispense with ComplianceIf necessary in the interests of justice and in consideration of the purpose of these Rules, a judge may, by order and on any terms the judge considers just, dispense with or vary one or more of these Rules in a particular case.PRACTICE DIRECTIONS OF CHIEF JUDGEPractice DirectionsThe chief judge of the Court may issue practice directions consistent with these Rules and their purpose.NOTICE AND FILINGNotice by FaxIf a rule requires notice to be given to the Court, prosecutor or accused’s legal counsel, the requirement is satisfied if the notice is provided by fax to that recipient.Where to File RecordsSubject to subrule (3), if a rule requires a record to be filed with the Court, the record shall be filed with the Court registry where the prosecution was commenced.IdemIf, as a result of an application to change the venue of a trial, the matter has been transferred for hearing to another Court registry, any record required by a rule to be filed with the Court shall be filed with that Court registry.INITIAL APPEARANCEPurpose of the Initial AppearanceSubject to subrule (5), the purpose of the initial appearance is to set a timely date for the accused’s arraignment hearing.If Accused not Represented by Legal CounselIf an accused is not represented by legal counsel at the initial appearance, the justice shalldetermine whether or not the accused wishes to consult with or obtain legal counsel; andif so, adjourn the initial appearance for a period that is reasonable for that purpose.Referral to Legal CounselA justice may refer an accused who is not represented by legal counsel to duty counsel or other legal counsel of the accused’s choice before setting a date for the arraignment hearing.Preparation for ArraignmentAt the initial appearancethe prosecutor and, where the accused is represented by legal counsel, the accused’s legal counsel shall file an arraignment report and, if necessary, the justice shall adjourn the initial appearance for a period that is reasonable for that purpose; andonly after filing of the arraignment report(s), the justice shall set the date for an arraignment hearing, having considered the availability of the prosecutor, the accused and his or her legal counsel, if any.Intention to Enter Guilty PleaIf the accused indicates to the justice the intention to enter a guilty plea, the justice shall record the accused’s intention to plead guilty and set the matter to be heard by a judgeimmediately; oron another date, if the justice is satisfied upon application by the prosecutor or the accused that the interests of justice may be served and an unnecessary trial date be avoided by adjourning to such later date.Referral to JudgeA justice may at any time refer a matter to a judge for directions and the judge may make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules.Expedited ArraignmentIf an accused is to be held in custody until trial or preliminary inquiry, as the case may be, or if a judge determines that an accused requires that a time for trial be expedited, a judge mayorder that the matter proceed directly to an arraignment hearing on a date determined by the judge after consultation with the trial scheduler; andmake any order or give any direction that the judge considers necessary to achieve the purpose of these Rules, including, without limitation, directions respecting the preparation and filing of arraignment reports under rule 7.CROWN DISCLOSUREEarly DisclosureAt the initial appearance or as soon as practicable after it, the prosecutor shall provide the accused or his or her legal counsel with disclosure required by law.If Disclosure Issues AriseIf at any time an issue arises concerning disclosure under this rule, any party to the proceeding may apply to a judge for directions.Further DisclosureNothing in this rule limits the abilityof the prosecutor to provide further or better disclosure as it becomes available or as it is required by law, but such disclosure shall be made in a timely manner; orof the accused or his or her legal counsel to apply to a judge for further or better disclosure, but such applications shall be made in a timely manner.ARRAIGNMENT REPORTFiling an Arraignment ReportAt the initial appearancethe prosecutor shall file with the Court an arraignment report in Form 1 and provide a copy of the report to the accused’s legal counsel or, if the accused is not represented by legal counsel, to the accused; andthe accused’s legal counsel, if any, shall file with the court an arraignment report in Form 2 and provide a copy of the report to the prosecutor.Attend Before Judge if Arraignment Report not Filed in TimeIf a completed arraignment report is not filed as required under subrule (1), the justice presiding at the initial appearance may refer the matter to a judge under subrule 5(6).ARRAIGNMENT HEARINGWho Shall AttendUnless a justice orders otherwise, it is a requirement of the Court in both indictable and summary conviction proceedings that the following persons attend the arraignment hearing:the accused;the accused’s legal counsel, if any, or other legal counsel designated by the accused’s legal counsel for the purpose of that hearing; andthe prosecutor.Powers of JudgeAt an arraignment hearing, the judge maycall on the accused to make an election or enter a plea to the charges;make inquiries toassist in making an informed and accurate estimate about the length of a trial or preliminary inquiry into the matter, orfacilitate the trial or preliminary inquiry, or simplify or dispose of issues;give directions to the trial scheduler about the time to be set for the trial or preliminary inquiry;if there is no trial scheduler for that Court registry, set the time for the trial or preliminary inquiry;make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules, to facilitate the trial or preliminary inquiry or to simplify or dispose of issues;adjourn the arraignment hearing to enable compliance with any order made or direction given under paragraph (e);adjourn the arraignment hearing and refer the accused, if not represented by legal counsel, to consult with duty counsel or other legal counsel of the accused’s choice; andhear one or more applications made in respect of the case, if it is convenient and practicable to the Court and all parties.IdemNothing in this rule abrogates solicitor-client privilege and the right of the accused to remain silent.Guilty PleasIf the accused enters a guilty plea at the arraignment hearing, the presiding judge mayconduct a sentence hearing at that time; oradjourn sentencing to a time that provides a just and timely disposition of the matter.IdemAn accused who wishes to enter a guilty plea before the date set for the arraignment hearing may appear before a judge to do so on making the necessary arrangements with the trial scheduler in consultation with the prosecutor.Setting Time for Trial or Preliminary InquiryIf the judge presiding at the arraignment hearing refers the matter to a trial scheduler for scheduling, the trial scheduler shallset a time for the trial or preliminary inquiry, as the case may be, or for the hearing of any applications in respect of the case, in accordance withthe time estimate determined by the judge, andany direction given by the judge; andset a time for the accused’s trial confirmation hearing, which time shall not be less than 30 days before the time set for the trial or preliminary inquiry under paragraph (a).IdemThe trial scheduler may, before setting a time under subrule (6), refer any scheduling difficulties that arise to the judge who presided at the arraignment hearing, providing the judge with information about those difficulties.TRIAL READINESS REPORTTrial Readiness ReportAt the trial confirmation hearingthe prosecutor shall file with the Court a trial readiness report in Form 3 and provide a copy of the report to the accused’s legal counsel or, if the accused is not represented by legal counsel, to the accused; andsubject to subrule (2), the accused’s legal counsel, if any, shall file with the Court a trial readiness report in Form 4 and provide a copy of the report to the prosecutor.IdemSubject to paragraph 10(2)(a), the accused’s legal counsel, if any, is not required to attend the trial confirmation hearing if the trial readiness report in Form 4 is filed with the Court and provided to the prosecutor at least seven days before the trial confirmation hearing.TRIAL CONFIRMATION HEARINGAccused Shall Attend Trial Confirmation HearingUnless a judge orders otherwise, it is a requirement of the Court, in both indictable and summary conviction proceedings, that the accused and the prosecutor shall attend at the time set under paragraph 8(6)(b) for a hearing before a judge to review the trial readiness reports filed under rule 9 and to confirm the time set for the accused’s trial or preliminary inquiry, as the case may be.Review of Trial Readiness ReportIf on reviewing a trial readiness report the judge is not satisfied that the contents of the report indicate with reasonable certainty that the accused’s trial or preliminary inquiry, as the case may be, will conclude within the time set, the judge mayif necessary, adjourn the trial confirmation hearing to a time specified by the judge to enable the prosecutor, the accused and his or her legal counsel, if any, to attend before the judge for directions; andmake any order or give any direction that the judge considers necessary to achieve the purpose of these Rules including, without limitation, setting a time for a hearing, before the trial or preliminary inquiry, for the purposes of an application referred to in item 3 or 4 of the trial readiness report in Form 4.ADJOURNMENT OF TRIAL OR PRELIMINARY INQUIRYApplication of the RuleThis rule applies to an application for an order to adjourn a trial or preliminary inquiry, after a time for an order has been set for the proceeding but before it commences.When Application to be MadeAn application for an order to adjourn a proceeding referred to in subrule (1) shall be made to a judge at the earliest opportunity after the applicant or the applicant’s legal counsel becomes aware that an adjournment is necessary.Notice of ApplicationAt least two days before the application for an order to adjourn is to be heard, notice of the application for an order to adjourn in Form 5 shall be filed with the Court and a copy of the notice given to each party, unless a judge dispenses with notice.NOTICE BY COUNSELPrompt Notice to the CourtLegal counsel shall promptly notify the Court of the following:change of legal counsel for the accused;withdrawal as legal counsel for the accused; andif a time estimate provided to the Court, in relation to a proceeding, is inaccurate.Counsel Assuming Conduct after Arraignment HearingLegal counsel for the accused assuming conduct after the arraignment hearing shall promptlyfile with the Court written notice of that fact and give a copy of the notice to each party; andreview the last time estimate provided to the Court in relation to the accused’s trial or preliminary inquiry, as the case may be.CONTINUATIONSOrder for Continuation within 30 DaysIf necessary in the interests of justice and in consideration of the purpose of these Rules, the judge presiding at a proceeding that does not conclude within the time scheduled may order, on any terms the judge considers just, and having first consulted with the trial scheduler, that the proceeding continue within a 30-day period or less.
ARRAIGNMENT REPORTCourt File No.:(Prosecutor)FORM 1 - Rule 7(1)(a)Registry Location:CANADA - Provincial Court of British Columbiain the Provincial Court of British Columbia☐ Youth Court(Check if applicable)Regina v.For Arraignment Hearing scheduled for Month/Day/Year(Check the appropriate boxes and complete as required.)1.Name of the accused to which this report applies:2.The Crown is proceeding:☐ By indictment☐ Summarily3.☐ It is my understanding that the matter will be for disposition at the scheduled arraignment hearing.(If you check this box, skip items 4 to 7 but complete and sign the date/signature blocks at item 8.)4.☐ Disclosure, in accordance with Rule 6, has been made to the accused.5.☐ Admissions respecting expert testimony and other evidence have been canvassed with legal counsel for the accused.6.☐ I have discussed with legal counsel for the accused the prosecutor’s position respecting sentencing in the event of an early disposition.7.In the event of a trial or preliminary inquiry in this matter:it is anticipated that the prosecutor will callnumberpolice witnesses (excluding expert witnesses),numberexpert witnesses, andnumberother witnesses;interpreter assistance will be required as follows:the prosecution’s case is expected to taketime estimatefor a trial, andtime estimatefor a preliminary inquiry8.Date: month / day / yearSignature of ProsecutorPrint full name
ARRAIGNMENT REPORTCourt File No.:(Counsel of Record for Accused)FORM 2 - Rule 7(1)(b)Registry Location:CANADA - Provincial Court of British Columbiain the Provincial Court of British Columbia☐ Youth Court(Check if applicable)Regina v.For Arraignment Hearing scheduled for Month/Day/Year(Check the appropriate boxes and complete as required.)1.Name of the accused to which this report applies:2.☐ I have been advised of the prosecutor’s position respecting sentencing in the event of an early disposition.3.☐ I expect this matter will be for disposition at the scheduled arraignment hearing.(If you check this box, skip items 4 to 8 but complete and sign the date/signature blocks at item 9.)4.☐ I do not expect that this matter will be disposed of other than by a trial or preliminary inquiry.5A.☐ There are no issues respecting disclosure under Rule 6 at this time.OR5B.☐ The accused requires further disclosure from the prosecutor respecting the following:☐ Check if more space is required and add another page.6.☐ Admissions respecting expert testimony and other evidence have been canvassed with the prosecutor. At the hearing of this matter, admissions will be made with respect to the following:☐ Check if more space is required and add another page.7.My time estimate fora trial of the matter isanda preliminary inquiry into the matter is8.☐ In the event of a trial or preliminary inquiry in this matter, interpreter assistance will be required as follows:9.Date: month / day / yearSignature of Counsel for AccusedPrint full name
TRIAL READINESS REPORTCourt File No.:(Prosecutor)FORM 3 - Rule 9(1)(a)Registry Location:CANADA - Provincial Court of British Columbiain the Provincial Court of British Columbia☐ Youth Court(Check if applicable)Regina v.For Trial Confirmation Hearing scheduled for Month/Day/Year(Check the appropriate boxes and complete as required.)1.Name of the accused to which this report applies:2.☐ I am advised by legal counsel for the accused that the matter will be disposed of at scheduled trial confirmation hearing. (If you check this box, skip items 3 to 11 but complete and sign the date/signature blocks at item 12.)3A.☐ I have reviewed the file and confirm that I am ready to proceed.OR3B.☐ The prosecutor is seeking an adjournment for the following reasons:4.☐ It is anticipated that the prosecution will callnumberpolice witnesses (excluding expert witnesses),numberexpert witnesses, andnumberother witnesses.5.☐ I have confirmed that all witnesses for the prosecution have been notified and are available to attend on the date set.6A.☐ I confirm the time estimates provided in the prosecutor’s arraignment report.OR6B.☐ The prosecutor’s case is expected to take time estimate7.☐ To the best of my knowledge, there are no outstanding issues respecting disclosure under Rule 6.8.☐ All required notices and reports have been provided or will have been provided within applicable time limits.9.☐ All necessary orders for the attendance of the accused and any witness for the prosecution have been obtained or will have been obtained.10.☐ Since the accused’s arraignment hearing, admissions respecting expert testimony and other evidence have been canvassed with legal counsel for the accused.11.☐ Interpreter assistance has been arranged for all witnesses for the prosecution who may require it.12.Date: month / day / yearSignature of ProsecutorPrint full name
TRIAL READINESS REPORTCourt File No.:(Counsel of Record for Accused)FORM 4 - Rule 9(1)(b)Registry Location:CANADA - Provincial Court of British Columbiain the Provincial Court of British Columbia☐ Youth Court(Check if applicable)Regina v.For Trial Confirmation Hearing scheduled for Month/Day/Year(Check the appropriate boxes and complete as required.)1.Name of the accused to which this report applies:2.☐ I expect this matter will be for disposition at the scheduled trial confirmation hearing or on the hearing date.(If you check this box, skip items 3 to 10 but complete and sign the date/signature blocks at item 11.)3.☐ I expect to make an application for an order declaring unconstitutional an enactment of Canada or British Columbia or a rule or principle of law applicable to criminal proceedings.4.☐ I expect to make an application under the Charter for a remedy other than under subsection 24(2) of the Charter.5.☐ All required Charter notices, other notices and reports have been provided or will have been provided within applicable time limits.6.☐ To the best of my knowledge, there are no outstanding issues respecting disclosure under Rule 6.7.☐ I expect this matter will proceed on the date set.8.☐ The accused is seeking an adjournment for the following reasons:☐ Check if more space is required and add another page.9A.☐ The time estimate for this matter is adequate.OR9B.☐ The time estimate for this matter is inadequate and a revised time estimate is10.☐ Interpreter assistance has been arranged for all witnesses, if any, for the accused who may require it.11.Date: month / day / yearSignature of Counsel for AccusedPrint full name
NOTICE OF APPLICATION TO ADJOURNCourt File No.:FORM 5 - Rule 11(3)CANADA - Provincial Court of British ColumbiaRegistry Location:in the Provincial Court of British Columbia☐ Youth Court(Check if applicable)Regina v.1.An application will be made by name of applicant to the court on month day year at time for an order to adjourn the☐ trial☐ preliminary inquirycurrently set for month / day / year2.The facts on which this application is based are as follows:Date: month / day / yearSignaturePrint full name