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.

 
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