Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

Regulations are current to 2017-09-27 and last amended on 2014-01-01. Previous Versions

Rule 29 Case Supervision Judges and Conferences

Authority for Rule

 This rule is made under the authority of s. 482.1(1) of the Code.

Designation of Case Supervision Judge

General Rule

  •  (1) The Regional Senior Judge, or a judge designated by him or her, on the recommendation of the pre-trial conference judge or otherwise, may assign a case supervision judge to any case to be tried or otherwise determined in the Region.

Criteria for Designation of Case Supervision Judge
  • (2) In considering whether to assign a case supervision judge to any proceeding, the Regional Senior or designated judge shall take into account all the relevant circumstances, including, but not limited to:

    • (a) the recommendation of the pre-trial conference judge;

    • (b) the purpose of case supervision;

    • (c) the complexity of the proceeding, including issues of fact and law involved in any pre-trial applications;

    • (d) the importance to the parties and the administration of justice of the issues of fact and law raised in the proceedings;

    • (e) the number of parties involved in the proceedings and whether all parties are represented by counsel;

    • (f) the number of proceedings involving the same or related parties;

    • (g) the nature and extent of intervention by the case supervision judge that the proceedings are likely to require;

    • (h) the time reasonably required for any pre-trial applications in the proceedings;

    • (i) the time reasonably required for completion of the proceeding;

    • (j) the number of witnesses likely to testify in the proceeding; and,

    • (k) any other factors that the judge considers relevant.

Assistance with Administrative Matters

 The case supervision judge may designate personnel of the court to deal with administrative matters relating to proceedings out of court, provided any accused affected by those matters is represented by counsel.

Case Supervision Conferences

 The case supervision judge may schedule and convene a case supervision conference from time to time, on his or her own initiative or at the request of a party, to ensure efficient case supervision and the orderly and expeditious conduct of the proceedings.

Attendance at Case Supervision Conference

General Rule

  •  (1) Unless otherwise ordered by the case supervision judge, counsel of record for each accused, or if the accused is self-represented, the accused, and the prosecutor assigned to conduct the proceedings shall attend the case supervision conference, be fully acquainted with the factual and legal issues likely to arise at the conference and be in a position to make decisions that bind the party during the proceedings.

Accused Represented by Counsel
  • (2) Unless otherwise ordered by the case supervision judge, an accused who is represented by counsel who has completed a Designation of Counsel in Form 18 is not required to attend a case supervision conference.

Requirement of Presence
  • (3) The case supervision judge may require that an accused represented by counsel and an investigating officer be present or available for consultation at the case supervision conference.

The Case Supervision Conference

General Nature of the Case Supervision Conference

General Rule
  •  (1) Unless otherwise ordered by the case supervision judge, a case supervision conference in proceedings where all parties are represented by counsel, shall be conducted in the case supervision or pre-trial conference room, judges’ chambers or other suitable rooms in the courthouse.

Self-Represented Accused
  • (2) Where any party to a proceeding in which a case supervision conference is held is not represented by counsel, the case supervision conference shall be held in accordance with subrules 28.04(2) to (5).

Specific Authority of the Case Supervision Judge
  • (3) The case supervision judge may:

    • (a) establish or revise any schedule for pre-trial applications, trial or other proceedings;

    • (b) secure the parties’ agreement or give directions about the order in which pre-trial applications or other preliminary applications shall be heard;

    • (c) secure the parties’ agreement or give directions about the manner in which evidence will be presented on pre-trial or other preliminary applications;

    • (d) secure the parties’ agreement to or give directions about a judge other than the trial judge hearing and determining pre-trial or other preliminary applications;

    • (e) secure the parties’ agreement or give directions about the manner in which decisions made by a judge other than the trial judge on pre-trial or other preliminary applications are to be incorporated into the record or other proceedings;

    • (f) secure the parties agreement or give directions about the materials to be filed in support of and in response to any pre-trial or other preliminary applications;

    • (g) establish a schedule for the service and filing of any materials required for any pre-trial or other preliminary applications;

    • (h) secure the parties’ agreement to or give directions about admissions of fact or other agreements about issues of fact and the attendances of witnesses on issues not in dispute;

    • (i) require the prosecutor to provide a list of the names of the persons who will or may be called as witnesses for the prosecution;

    • (j) secure the parties’ agreement or give directions about any interpreters or technological equipment required in the proceedings and make arrangements through court personnel to ensure such requirements are met;

    • (k) secure the parties’ agreement to or give directions about the manner in which evidence may be presented at trial to assist its comprehension by jurors;

    • (l) identify contested issues of fact and law and explore methods to resolve them; and,

    • (m) recommend the appointment of a case management judge under rule 29A or 29B.

Role of Trial Judge
  • (4) Any directions given by the case supervision judge are subject to revision by the judge presiding in the proceedings according to the best interests of the administration of justice.

  • SI/2014-5, s. 14.

Rule 29A The Appointment of a Case Management Judge[Code, ss. 551.1 to 551.6]

[SI/2014-5, s. 15(E)]

Authority for Rule

[SI/2014-5, s. 15(E)]

 The appointment of a Case Management Judge under the Code shall be governed by sections 551.1 to 551.6 of the Code and rules 29A.02 to 29A.06.

  • SI/2014-5, s. 15(E).

Appointment by Notice of Application

 Where a party seeks the appointment of a Case Management Judge pursuant to section 551.1 of the Code, he or she must serve and file a Notice of Application briefly setting out:

  • (a) why the appointment would be “necessary for the proper administration of justice” in the case, and,

  • (b) the jurisdiction the Case Management Judge may exercise in the case having regard to section 551.3 of the Code.

Service of Notice of Application

 The Notice of Application must be served on:

  • (a) counsel, on behalf of all the parties in the case in which the application is being brought, and,

  • (b) the accused, where the accused does not have counsel of record in the case in which the application is being brought,

and must also be filed with the trial coordinator, at least one clear day before the pre-trial conference or case supervision conference at which the issue of the appointment will be raised.

Judge May Require One Party to Prepare Application

 Where no Notice of Application has been filed and the pre-trial or case supervision judge and at least one party agree that a Case Management Judge should be appointed, the judge may require one party to prepare the Notice of Application.

Waiver of Notice of Application Requirement

  •  (1) Where no Notice of Application has been filed, the judge conducting the pre-trial conference or case supervision conference may waive compliance with the Notice of Application requirement where:

    • (a) the judge is the Regional Senior Judge, or,

    • (b) his or her designate for the appointment of a Case Management Judge.

  • (2) Where subrule (1) applies, the presiding judge shall endorse the indictment or prepare a separate endorsement setting out:

    • (a) why the appointment is “necessary for the proper administration of justice”, and,

    • (b) the jurisdiction of the Case Management Judge is permitted to exercise in the case having regard to section 551.3 of the Code.

 
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