Yukon Territory Supreme Court Rules for Pre-Hearing Conferences in Criminal Matters

SOR/88-427

CRIMINAL CODE

Registration 1988-08-17

Rules of the Supreme Court of the Yukon Territory for Pre-Hearing Conferences Held Pursuant to Section 553.1 of the Criminal Code

The Supreme Court of the Yukon Territory, pursuant to section 438Footnote * of the Criminal Code and with the concurrence of a majority of the judges thereof present at a meeting held for the purpose on July 25, 1988, hereby makes the annexed Rules of the Supreme Court of the Yukon Territory for pre-hearing conferences held pursuant to section 553.1 of the Criminal Code.

HARRY C. B. MADDISON
Chief Judge of the Supreme Court of the Yukon Territory
JOHN B. DEASTEPHEN BORINS
W. J. GIRGULISALLAN H. WACHOWICH
TEVIE H. MILLERWm. A. STEVENSON
J. B. FEEHAND.C. McDONALD
R. P. KERANSEARL LOMAS
MARY M. HETHERINGTONART LUTZ
JOHN D. BRACCOMARK M. de WEERDT
PETER C. G. POWERDAVID MARSHALL
Deputy Judges

Short Title

 These Rules may be cited as the Yukon Territory Supreme Court Rules for Pre-Hearing Conferences in Criminal Matters.

Interpretation

 In these Rules,

Court

Court means the Supreme Court of the Yukon Territory; (Cour)

judge

judge means a judge of the Court. (juge)

Pre-Hearing Conference

 A pre-hearing conference shall be held at such time and date and in such place and manner as a judge may direct, or at such further dates, times and places as the judge who presides at the pre-hearing conference may direct.

 Unless otherwise ordered by the judge who presides at the pre-hearing conference, the pre-hearing conference shall be an informal meeting conducted in chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings thereafter taking place.

 Unless otherwise ordered by a judge, counsel for the Crown and counsel for the accused, each fully briefed in respect of the issues to be discussed at the pre-hearing conference, or, in the case of an accused who is not represented by counsel, the accused, shall be present at the pre-hearing conference.

 A judge may require that an accused, represented by counsel, be available for consultation with counsel in respect of matters to be considered at the pre-hearing conference.

 Without restricting the generality of Rule 3 or 4, the judge who presides at a pre-hearing conference may inquire into and discuss

  • (a) the extent of disclosure made by the Crown and any further requests therefor by an accused or counsel for an accused;

  • (b) the possibility of resolution of any or all of the issues in the proceeding, including the possible disposition of any or all counts contained in the indictment, whether by plea of guilty or otherwise;

  • (c) the simplification of such issues as remain to be litigated at trial;

  • (d) the possibility of obtaining admissions and agreements so as to facilitate a fair, just and expeditious determination of the proceedings;

  • (e) the estimated duration of the trial;

  • (f) the advisability of fixing a date for trial where one is not already fixed; and

  • (g) any other matter that may assist in promoting a fair, just, and expeditious trial including the holding of further pre-hearing conferences.

 The judge who presides at a pre-hearing conference may, at the discretion of the judge, direct that an anticipated pre-hearing motion be heard prior to the date fixed for trial, at such time and date as the Court deems fit or at such other time and date as may be convenient for counsel and the Court.

 The judge who presides at a pre-hearing conference may make such other orders as the judge considers to be necessary and appropriate having regard to all the circumstances, in order to promote a fair, just and expeditious pre-hearing conference and trial.

 On completion of a pre-hearing conference, the judge who presides at the pre-hearing conference

  • (a) may complete a Pre-Hearing Conference Report in Form I, a copy of which shall be provided to counsel for the Crown and counsel for the accused or the accused if the accused is not represented by counsel; and

  • (b) shall endorse on a copy of the indictment the date upon which the pre-hearing conference was held.

 Nothing in these Rules shall be construed or interpreted so as to preclude a judge from conducting, with the consent of counsel for the Crown and counsel for the accused, or, in the case of an accused who is not represented by counsel, the accused, such other informal pre-hearing conferences, in addition to the conference provided for in subsection 553.1(2) of the Criminal Code, on such terms as the judge considers fit.

Footnote * These Rules shall come into force on the day section 553.1 of the Criminal Code, as enacted by section 127 of the Criminal Law Amendment Act, 1985, S.C. 1985, c. 19, comes into force.

FORM I(Paragraph 10(a))

IN THE SUPREME COURT OF THE YUKON TERRITORY

BETWEEN:

HER MAJESTY THE QUEEN

- and -

PRE-HEARING CONFERENCE REPORT

Counsel for the Crown:

Counsel for the Accused:

NOTE: THE POSITIONS HEREIN ARE TENTATIVE. ALL AGREEMENTS ARE WITHOUT PREJUDICE AND PURELY FOR THE ASSISTANCE OF THE COURT IN THE RESOLUTION OF TRIAL PROBLEMS. IF ANY CHANGE BECOMES NECESSARY COUNSEL WILL ENDEAVOUR TO ADVISE EACH OTHER AND THE COURT PROMPTLY.

I. Introductory Matters

  • A Procedural History

  • 1 Date(s) of alleged offence(s):

  • 2 Dates of original information(s):

  • 3 Date and length of preliminary inquiry:

  • 4 Is the transcript ready?

  • 5 Has an indictment been filed?

If so, when?
  • 6 Has a date been set for trial?

If so, what is the date of the trial?
  • 7 Tentatively, how many days will the trial take?

  • 8 Is the accused in custody?

  • B Mode of Trial

  • 1 Has the accused elected trial by

  • (a) judge alone?

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  • (b) judge and jury?

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  • 2 Will there be a re-election for trial by

  • (a) judge alone?

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  • (b) judge and jury?

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  • 3 If consent is required to permit re-election to be made, will consent by given?

  • C Disclosure

  • 1 Is further disclosure requested?

    Give details:

II. Pre-Hearing Matters

YESNO
  • A Sufficiency of the Indictment

  • 1 Is the indictment or one or more counts thereof alleged to be legally insufficient having regard to

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  • 2 Has there been a request or demand for particulars?

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  • 3 Have particulars been supplied?

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  • 4 Will there be a motion for particulars?

    Give details:

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  • 5 Will there be a request to amend the indictment or a count thereof?

    Give details:

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  • B Joinder and Severance

  • 1 Will there be a motion to sever the trial of certain counts from the trial of others?

    On what basis?

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  • 2 Will there be a motion to sever the trial of certain accused from the trial of another [others]?

    On what basis?

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  • C The Composition of the Jury

  • 1 Will there be a challenge to the array?

    On what basis?

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  • 2 Will prospective jurors be challenged for cause?

    On what basis?

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  • 3 In the event of a challenge for cause, will counsel be submitting a list of proposed questions to be asked of the prospective jurors?

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III. The Trial

YESNO
  • A The Special Pleas

  • 1 Will any of the special pleas be raised?

    Give details:

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  • B The Issue of Fitness

  • 1 Is fitness in issue

  • (a) by the Crown?

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  • (b) by the defence?

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  • 2 Has disclosure been made of any medical or other reports bearing on the issue of fitness

  • (a) by the Crown?

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  • (b) by the defence?

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  • 3 Will copies of such reports be made available to the trial judge?

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  • 4 Was fitness raised at the preliminary inquiry?

    Give details:

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  • 5 Will the issue of fitness be contested at trial

  • (a) by the Crown?

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  • (b) by the defence?

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  • 6 How long is the evidence on fitness reasonably expected to take?

  • C Evidentiary Matters

  • 1 Similar Fact Evidence

  • (a) Will evidence of similar facts be tendered for admission by the Crown?

    Give details:

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  • (b) Will admissibility be contested by the defence?

    On what basis?

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  • 2 Statements

  • (a) Will evidence be adduced of statements alleged to have been made by an accused to a person in authority?

    Give details:

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  • (b) On what basis will a voir dire be requested?

  • (i) voluntariness

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  • (ii) non-compliance with section 10 of the Charter

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  • (c) How long is the voir dire reasonably expected to take?

  • 3 Hearsay

  • (a) Will the admissibility of any evidence be contested on the basis of the hearsay rule?

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  • (b) Will it be argued that any evidence proposed for admission qualifies as an exception to the hearsay rule?

    Give details:

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  • 4 Expert Evidence

  • (a) Will opinion evidence by a duly qualified expert be tendered for admission?

  • (i) by the Crown?

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  • (ii) by the defence?

    On what issue?

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  • (b) Will the admissibility be contested?

    On what basis?

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  • 5 Privilege

  • (a) Will any claim of privilege be asserted in respect of any evidence proposed for introduction

  • (i) by the Crown?

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  • (ii) by the defence?

    On what basis?

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  • 6 Search And Seizure

  • (a) Will the admissibility of any evidence be contested on the basis that it constitutes a search or seizure within section 8 of the Charter?

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  • 7 Intercepted Private Communications And Their Derivatives

  • (a) Will evidence of intercepted private communications be tendered for admission?

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  • (b) Will a voir dire be required to determine admissibility?

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  • (c) Will the evidence be alleged to be admissible pursuant to

  • (i) an authorization?

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  • (d) Will the evidence be tendered for admission under

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  • (e) Will the adequacy of subsection 178.16(4) of the Criminal Code notice be contested?

    On what basis?

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  • (f) In the voir dire to determine admissibility will any of the following applications be made?

  • (i) an application to open the sealed packet under subparagraph 178.14(1)(a)(ii);

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  • (ii) an application to set aside an authorization;

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  • (iii) an application alleging fraud in the obtaining of an authorization;

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  • (iv) an application alleging that the interceptions were not made in accordance with an authorization; or

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  • (v) an application alleging that the consent was vitiated by coercion.

    Give details:

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  • (g) How long is the voir dire reasonably expected to take?

  • (h) At the trial will there be any issue taken in respect of the following matters?

  • (i) voice identification;

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  • (ii) tape accuracy, integrity and continuity;

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  • (iii) the use of transcripts as an aid to understanding; or

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  • (iv) the admissibility of transcripts as exhibits.

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  • 8 Competency Of Witnesses

  • (a) Will it be alleged that any Crown witness

  • (i) is incompetent to testify on account of age or lack of mental capacity?

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  • (ii) is capable only of giving unsworn testimony?

    Give details:

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  • (b) Will it be alleged that any defence witness

  • (i) is incompetent to testify on account of age or lack of mental capacity?

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  • (ii) is capable only of giving unsworn testimony?

    Give details:

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  • D Procedure

  • 1 Procedural Issues

  • (a) Is a directed verdict application likely at the end of the Crown’s case?

    On what basis?

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  • 2 Other Procedural Issues

  • (a) Are there any other procedural matters on which the trial judge will be asked to rule?

    Give details:

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  • 3 Length Of Trial

  • (a) How long is the trial reasonably expected to take?

  • E Positions of the Parties

  • 1 Crown Position (Theory)

  • (a) What is the Crown position on each accused?

  • (b) On what legal basis does the Crown expect to establish the guilt of each accused?

  • (i) the definition of the offence; Criminal Code provisions applicable:

    [Specify, for example, 213(a), 213(d) (robbery), etc.]

  • (ii) the basis of liability; Criminal Code provisions applicable:

    [Specify, for example, 21(1)(b), 21(2), etc.]

  • 2 Defence Position (Theory)

  • (a) What is the defence position on each accused?

  • (b) Is it reasonably anticipated that any of the following defences may be raised?

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  • (vi) private defence

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  • (D) justification

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  • (x) compulsion

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  • (c) Will the character of the victim be the subject-matter of evidence?

    On what basis?

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  • (d) Will the character of the accused be the subject-matter of evidence?

    On what basis?

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Dated at this day of , 19

Judge of the Supreme Court of the Yukon Territory
Date modified: