Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench (SI/2016-34)

Regulations are current to 2017-09-27 and last amended on 2016-10-01. Previous Versions

Marginal note:Brief not required

 No brief is required for the purposes of an application under this Part.

PART 3Case Management

Rule 10 — Assignment Court

Marginal note:Filing of indictment

 The prosecutor must file the indictment with the Court at least seven days before the day on which an accused first appears in assignment court.

Marginal note:Assignment court

 The judge presiding at assignment court may

  • (a) schedule a resolution conference, if the accused has elected to be tried by a judge and jury;

  • (b) schedule a pre-trial conference, if the accused has elected to be tried by a judge alone;

  • (c) schedule a date for a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea to the charge; or

  • (d) refer the matter to the Chief Justice for the appointment of a case management judge in accordance with section 551.1 of the Code.

Rule 11 — Resolution Conferences

Marginal note:Application

 Rules 11.02 to 11.06 apply to a resolution conference if the accused has elected to be tried by a judge and jury.

Marginal note:Duties of resolution conference judge

 The resolution conference judge must explore

  • (a) the possibility of settlement with the parties; and

  • (b) any matters that will promote a fair and efficient trial, including re-election by the accused and the appointment of a case management judge in accordance with section 551.1 of the Code.

Marginal note:Brief required

 Before a resolution conference is held, unless a judge directs otherwise, a pre-trial conference brief in Form 4 of the schedule must be filed and served on the opposing party by

  • (a) the prosecutor;

  • (b) counsel for each accused; and

  • (c) any self-represented accused.

Marginal note:Application of pre-trial rules to resolution conferences

 Rules 12.02, 12.03, 12.05 and 12.06, which apply to pre-trial conferences, also apply, with any variations that the circumstances require, to resolution conferences.

Marginal note:Memorandum by resolution conference judge
  •  (1) The resolution conference judge must complete a resolution conference memorandum, which must be provided to the prosecutor, counsel for each accused and any self-represented accused.

  • Marginal note:Confidentiality of memorandum

    (2) The resolution conference memorandum is not part of the public record and must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).

Marginal note:Steps after resolution conference

 At the conclusion of a resolution conference, if it appears that the matter will be proceeding to trial, the presiding judge must

  • (a) schedule a pre-trial conference; or

  • (b) refer the matter to the Chief Justice for the appointment of a case management judge and provide the Chief Justice with a copy of the resolution conference memorandum.

Rule 12 — Pre-trial Conferences

Marginal note:Application

 Rules 12.02 to 12.10 apply to pre-trial conferences.

Pre-trial Conference Briefs

Marginal note:Brief filed by prosecutor
  •  (1) Unless a pre-trial conference brief has already been filed for a resolution conference or a judge directs otherwise, the prosecutor must, at least 14 days before the date scheduled for the pre-trial conference, file a completed pre-trial conference brief in Form 4 of the schedule and serve it on counsel for each accused and any self-represented accused.

  • Marginal note:Information required — prosecutor’s brief

    (2) The prosecutor’s pre-trial conference brief must include a brief synopsis of the allegations and the evidence to be filed by the prosecution.

Marginal note:Filing and service by accused
  •  (1) At least seven days before the date scheduled for the pre-trial conference, unless a judge directs otherwise, counsel for an accused or a self-represented accused must file and serve a completed pre-trial conference brief in Form 4 of the schedule on

    • (a) the prosecutor;

    • (b) counsel for any other accused; and

    • (c) any self-represented accused.

  • Marginal note:Mandatory filing and service by accused

    (2) Counsel for each accused and any self-represented accused must file and serve a pre-trial conference brief even if the prosecutor has failed to file and serve a pre-trial conference brief or has otherwise failed to comply with this rule.

  • Marginal note:Contents of brief

    (3) The pre-trial conference brief must state the party’s position on each issue and must not indicate “will advise”, “not as yet” or words of similar effect.

Marginal note:Change of position
  •  (1) If a party changes any position taken and recorded in the pre-trial conference brief, the party must give written notice of the change to the other parties and the pre-trial conference judge.

  • Marginal note:Failure to comply with subrule (1)

    (2) Failure to comply with subrule (1) may result in a motion or application that has resulted from the change in position not being heard by the trial judge.

  • Marginal note:Changes regarding counsel

    (3) If, after the pre-trial conference has been completed, an accused retains new counsel, an accused who was self-represented retains counsel, or an accused who was represented by counsel is no longer represented by any counsel, the new counsel, or the self-represented accused, must

    • (a) review the pre-trial conference brief previously filed and the pre-trial conference memorandum prepared by the pre-trial conference judge; and

    • (b) give written notice of any changes in position to the other parties and the pre-trial conference judge.

  • Marginal note:Further pre-trial conference

    (4) Despite rule 12.10, the pre-trial conference judge may direct that a further pre-trial conference be held if

    • (a) the accused is no longer represented by counsel;

    • (b) a party has changed his or her position from the position taken in the most recent pre-trial conference brief; or

    • (c) a party has failed to file a trial readiness report, as required by rule 17.01.

Pre-trial Conferences

Marginal note:Self-represented accused
  •  (1) If an accused is self-represented at a pre-trial conference,

    • (a) the pre-trial conference must be held in a courtroom that is closed to the public;

    • (b) the pre-trial conference must be recorded but must not be published, broadcast or transmitted in any way, except by order of the pre-trial conference judge; and

    • (c) a transcript of the pre-trial conference may only be requested by a party to the proceeding or by a judge.

  • Marginal note:Confidentiality of information in transcript

    (2) If a transcript has been requested under paragraph (1)(c), information contained in it must not be published, broadcast or transmitted in any way except with notice to the other parties and the written approval of the pre-trial conference judge or, if he or she is not available, another judge.

Marginal note:Attendance at pre-trial conference

 Unless the pre-trial conference judge or another judge directs otherwise, the following persons must attend the pre-trial conference and be in a position to make commitments on behalf of the party whom each represents on issues that are reasonably anticipated to arise from the contents of the pre-trial conference briefs:

  • (a) counsel who will be representing each accused at the trial or, if an accused is self-represented, the accused; and

  • (b) the prosecutor.

Marginal note:Inquiries by pre-trial conference judge

 The pre-trial conference judge must inquire about and discuss any matter that may promote a fair and expeditious hearing of the charges contained in the indictment, including

  • (a) any issues that arise from the contents of the pre-trial conference briefs;

  • (b) the issues in dispute between the parties;

  • (c) the possibility of making admissions of fact or other agreements about uncontested issues or the evidence of witnesses;

  • (d) the simplification of any issues that remain in controversy;

  • (e) the resolution of any outstanding disclosure issues;

  • (f) the nature and particulars of any pre-trial motion or application, including whether evidence on the motion or application will be provided by agreed statements of facts, excerpts of transcripts of the preliminary inquiry, affidavits, “will states” or otherwise than by the testimony of witnesses;

  • (g) the estimated length of pre-trial hearings and trial proceedings;

  • (h) the possibility that the prosecutor may reduce the number of counts in the indictment to facilitate jury comprehension and promote a fair, just and expeditious trial;

  • (i) the manner in which evidence may be presented at trial to facilitate jury comprehension; and

  • (j) whether counsel are of the opinion that, for the proper administration of justice, it is necessary to have a case management judge appointed in accordance with section 551.1 of the Code.

 
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