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Court of Queen’s Bench of Alberta Criminal Procedure Rules (SI/2017-76)

Regulations are current to 2020-01-16

Court of Queen’s Bench of Alberta Criminal Procedure Rules

SI/2017-76

CRIMINAL CODE

Registration 2017-12-13

Court of Queen’s Bench of Alberta Criminal Procedure Rules

Pursuant to subsections 482(1)Footnote a and (3)Footnote b and section 482.1Footnote c of the Criminal CodeFootnote d, the Court of Queen’s Bench of Alberta makes the annexed Court of Queen’s Bench of Alberta Criminal Procedure Rules.

Calgary, November 17, 2017

La juge en chef,
blank line
Mary T. Moreau
Chief Justice

PART 1Interpretation, Application and General Principles

Marginal note:Definitions

 The following definitions apply in these Rules.

Code

Code means the Criminal Code. (Code)

Court

Court means the Court of Queen’s Bench of Alberta. (Cour)

Marginal note:Application

 Unless otherwise expressly provided in an enactment, these Rules apply to any criminal or summary conviction appeal proceeding.

Marginal note:Purpose and interpretation

  •  (1) These Rules are intended to facilitate the just disposition of criminal proceedings in Alberta, and must be construed in a liberal and practical manner to secure the fair and expeditious resolution of the proceedings in which they are applied.

  • Marginal note:For greater certainty

    (2) Nothing in these Rules is to be construed as limiting the jurisdiction or authority of the Court or a judge.

Marginal note:Court’s discretionary power

  •  (1) To implement and advance the purpose and intention of these Rules, the Court may make any order with respect to practice or procedure, in any proceeding before the Court.

  • Marginal note:For greater certainty

    (2) Without limiting the authority of the Court under these Rules, the Court may do one or more of the following:

    • (a) grant, refuse or dismiss an application or other proceeding;

    • (b) set aside any process exercised or purportedly exercised under these Rules that is

      • (i) contrary to law,

      • (ii) an abuse of process, or

      • (iii) for an improper purpose;

    • (c) give orders or directions or make a ruling with respect to a proceeding or to a related matter;

    • (d) make a ruling with respect to whether or how these Rules apply in particular circumstances or to a practice or procedure under these Rules;

    • (e) impose terms, conditions and time limits;

    • (f) give permission or approval;

    • (g) give advice, including by providing guidance and making proposals, suggestions and recommendations;

    • (h) adjourn all or any part of a proceeding, or extend or shorten any time limits, including the time within which the filing, service or provision of any document must be effected;

    • (i) include any information in a judgment or order that the Court considers necessary;

    • (j) amend any document, give directions or make any order necessary to validate a proceeding or document;

    • (k) reject a document or quash a proceeding as irregular or invalid;

    • (l) deem the filing, service or provision of any document to be valid and sufficient; and

    • (m) otherwise deal with any document or proceeding as the Court considers to be just.

PART 2Applications

DIVISION 1Form and Contents of Applications

Marginal note:Application

  •  (1) Unless otherwise indicated in these Rules, every application under this Part must be made on notice in Form CC1.

  • Marginal note:Place and filing of application

    (2) An application must be brought by filing it with the Court in the judicial centre where the criminal proceeding to which the application relates is being or is to be heard.

  • Marginal note:Exception

    (3) If the application is urgent, or the Court otherwise allows, it may be brought without notice for the sole purpose of scheduling dates for service and the hearing.

Marginal note:Hearing of application

 An application must be heard on the date and at the time set by the Court in the judicial centre where the application is to be heard.

Marginal note:Filing and service of supporting documents

 At least seven days before the date of the hearing, the applicant must file the following supporting documents with the Court and serve them on the persons listed in Rule 8:

  • (a) an affidavit, transcript and other evidence or detailed particulars of the evidence that the applicant intends to present; and

  • (b) a summary of the legal argument supporting the relief claimed.

Marginal note:Persons to be served

 The application and supporting documents must be served on the following persons:

  • (a) every party to the proceeding; and

  • (b) every person who could be directly affected by an order that may be made following the application.

Marginal note:Failure to appear

 If the applicant fails to appear at the hearing of the application, the Court may dismiss the application as having been abandoned.

Marginal note:Presence of accused

 An accused person may designate counsel or a student-at-law to appear on his or her behalf by filing Form CC2 with the Court, or another document acceptable to the Court.

DIVISION 2Application for Mandamus, Certiorari, Habeas Corpus or Prohibition

Marginal note:Application

  •  (1) In an application under these Rules for mandamus, certiorari, habeas corpus or prohibition, the following rules apply:

    • (a) Part 3, Division 2, Subdivision 2 of the Alberta Rules of Court; and

    • (b) Division 1 of this Part.

  • Marginal note:Conflict

    (2) If there is a conflict between Division 1 of this Part and Part 3, Division 2, Subdivision 2 of the Alberta Rules of Court, Division 1 of this Part prevails.

DIVISION 3Application for Judicial Interim Release or Detention Review

Marginal note:Judicial interim release

  •  (1) An application for judicial interim release or the judicial review of an order regarding judicial interim release must be brought by filing Form CC3 with the Court in the judicial centre where the accused is in custody or where the trial is to take place.

  • Marginal note:Service

    (2) The application must be served on the respondent at least two days before the date set for the hearing of the application.

Marginal note:Detention review

  •  (1) An application for detention review under section 525 of the Code must be brought by an institution of detention, which must file Form CC4 with the Court in the judicial centre where the accused is in custody or where the trial is to take place.

  • Marginal note:Notice to institution and to accused

    (2) On receipt of the application for detention review, the Court must advise the institution of the date and time of the hearing and provide a copy of Form CC5 to the designated counsel or, if there is no counsel designated, to the institution, to be provided to the accused.

DIVISION 4Application for a Remedy under the Canadian Charter of Rights and Freedoms

Marginal note:Application and service

 An application for a remedy based on an alleged violation of an accused’s rights or freedoms guaranteed by the Canadian Charter of Rights and Freedoms must be in Form CC1 and brought in accordance with Division 1, except that the application and supporting documents must be filed with the Court and served on the parties at least seven days before the date of the pre-trial conference or at least 60 days before the date of the trial, whichever is earlier, or as directed by the Court.

DIVISION 5Application for Challenge for Cause

Marginal note:Notice of application and service

  •  (1) If the prosecutor or the accused wishes to challenge a juror under paragraph 638(1)(b) of the Code, that party must, at least 60 days before the date of the scheduled jury selection, file with the Court and serve on the other party a notice of the application for the challenge and provide a copy of the notice to the court coordinator in the judicial centre where the trial is to be held.

  • Marginal note:Contents of notice

    (2) The notice must set out the ground for the proposed challenge in accordance with section 639 and Form 41 of the Code.

  • Marginal note:Scheduling of pre-trial conference

    (3) On receipt of the copy of the notice, the court coordinator must schedule a pre-trial conference between the trial judge or case management judge, the prosecutor and the accused to resolve issues raised in the application.

 
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