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

Regulations are current to 2022-05-02

PART 3Pre-Trial Conferences (continued)

DIVISION 4Discussions at Pre-Trial Conference

Marginal note:Parties’ commitments

  •  (1) Unless otherwise ordered by the pre-trial conference judge, all parties must be in a position to make commitments on issues that are reasonably anticipated to arise from the contents of the pre-trial submissions made by them.

  • Marginal note:Power of pre-trial conference judge

    (2) The pre-trial conference judge may inquire about, discuss and make recommendations on any matter that could promote the fair and expeditious conduct of the proceeding, including

    • (a) the contents of the submissions made by counsel or an unrepresented accused;

    • (b) any issues that arise from the contents of the submissions;

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

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

    • (e) the simplification of any issues that remain in dispute in the proceeding;

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

    • (g) the nature and particulars of any pre-trial application under these Rules, including

      • (i) the need to make orders about the notices of applications to be filed,

      • (ii) the setting of schedules for filing and serving notices of applications and other documents in support of pre-trial applications,

      • (iii) whether written submissions or other documents should be required for pre-trial applications and the schedules set for their filing and service, and

      • (iv) whether evidence on pre-trial applications may be provided by agreed statements of fact, excerpts from transcripts, affidavits, “will say” statements or otherwise than by the testimony of witnesses;

    • (h) the possibility of the prosecutor reducing the number of counts in the indictment to facilitate jury comprehension or otherwise promote a fair and expeditious trial;

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

    • (j) whether any disturbing images or sound recordings which either party intends to put before a jury are necessary to prove its case;

    • (k) whether any accused or witness in the proceedings will require the assistance of an interpreter;

    • (l) whether any technological equipment will be required in order to accommodate any witness or to facilitate the introduction of evidence or jury comprehension of the evidence;

    • (m) the estimated length of pre-trial applications and of the trial and the advisability of fixing a date for the commencement of pre-trial applications and of the trial;

    • (n) the scheduling of the witnesses to be called; and

    • (o) the appointment of a case management judge under section 551.1 of the Code or a joint hearing judge under section 551.7 of the Code.

Marginal note:Sentencing issues

  •  (1) The pre-trial conference judge must raise and discuss

    • (a) the prosecutor’s position on sentence before trial and after trial, in the event of conviction, including the counts on which pleas of guilty would be sought, the credit to be given for pre-sentence custody or release on stringent terms, any corollary orders sought on conviction, and whether further proceedings would be taken on conviction; and

    • (b) the position of counsel for the accused on sentence if a guilty plea is taken before trial, and on sentence if the accused is convicted at the end of a trial.

  • Marginal note:Judge’s opinion

    (2) The pre-trial conference judge may express his or her opinion about the fitness of any proposed sentencing disposition based on the circumstances disclosed at the pretrial conference.

PART 4Case Management and Joint Hearings

Marginal note:Application

 An application under sections 551.2 to 551.7 of the Code must be made in accordance with Division 1 of Part 2, unless otherwise ordered by the case management judge or the joint hearing judge.

PART 5Summary Conviction Appeals

Marginal note:Definitions

 The following definitions apply in this Part.


adjudication includes the following:

  • (a) in appeals under paragraph 813(a) of the Code, a conviction or order made against or a sentence imposed on a defendant;

  • (b) in appeals under paragraph 813(b) of the Code, an order that stays proceedings on or dismisses an information, or a sentence imposed on a defendant;

  • (c) in appeals under subsection 830(1) of the Code, a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court, in proceedings under Part XXVII of the Code;

  • (d) a final order authorized to be made by a provincial court judge or a justice of the peace under any provision of the Code to which Part XXVII of the Code applies in whole or part; and

  • (e) an appeal of a summary conviction proceeding under a statute that authorizes or directs the appeal to be conducted in the Court of Queen’s Bench. (décision)


appeal means an appeal from or against an adjudication. (appel)

appeal court

appeal court means the Court of Queen’s Bench of Alberta sitting as an appeal court. (cour d’appel)


judge means a judge of the appeal court. (juge)

Marginal note:Notice of appeal

  •  (1) A notice of appeal must be in Form CC8 and must be filed with the clerk in the judicial centre closest to the court where the summary conviction proceeding was held.

  • Marginal note:Place of appeal

    (2) The appeal and all applications relating to the appeal must be made and heard at the Court in the judicial centre closest to the court where the summary conviction proceeding was held, unless the appeal court otherwise orders or the parties otherwise consent.

Marginal note:Time for filing of notice of appeal

  •  (1) The appellant must file a notice of appeal with the clerk within 30 days after the conviction, judgment, acquittal or order was made or the sentence was imposed, whichever occurs later.

  • Marginal note:Service of notice of appeal on respondent

    (2) If the appellant is the prosecutor, the notice of appeal must be served personally on the respondent or in any manner a judge directs or authorizes.

  • Marginal note:Clerk to send notice of appeal to prosecutor

    (3) If the appellant is not the prosecutor, the clerk must send the filed notice of appeal to the prosecutor as soon as possible under the circumstances.

Marginal note:Scheduling of appeal hearing

  •  (1) On receipt of a notice of appeal that appears to meet the requirements of this Part, the clerk must schedule the appeal for hearing on a date that is not earlier than 60 days and not later than 120 days after the date of filing of the notice of appeal, and must indicate the date and time of the appeal hearing on the notice of appeal.

  • Marginal note:Notice of date of hearing of appeal

    (2) On scheduling a date for the hearing of an appeal, the clerk must immediately notify all parties in writing.

  • Marginal note:Notice of date of appeal to summary conviction court

    (3) The clerk must give prompt notice of the appeal to the summary conviction court and must, prior to the hearing, obtain the relevant court file, including any exhibits, from the summary conviction court.

Marginal note:Ordering of transcript

  •  (1) The appellant must, within 30 days after the filing of the notice of appeal, request in writing from the appropriate court reporter sufficient copies of the transcript of the proceedings before the summary conviction court for the appeal court and all other interested parties.

  • Marginal note:Receipt for transcript request

    (2) Within 10 days after the request for the transcript, the appellant must provide to the clerk a receipt as evidence of the request.

  • Marginal note:Contents of transcript

    (3) The transcript must contain all of the evidence and proceedings before the summary conviction court, unless the appeal court orders otherwise, or the parties agree, but no agreement of the parties is binding on the appeal court.

  • Marginal note:Transcript for appeal concerning only sentence

    (4) If the parties consent and the appeal concerns only the sentence, the appellant may provide to the appeal court and to the respondent only the transcript of the proceedings relating to the sentence.

Marginal note:Appellant’s memorandum

  •  (1) If a date has been scheduled for the hearing of an appeal, the appellant must, at least 30 days before that date, file with the clerk and serve on the respondent and the other interested parties, or their counsel, a brief memorandum

    • (a) setting out the argument and relevant passages from the statutes, regulations and legal authorities on which the appellant intends to rely, including the full citation for each of these, in support of the grounds set out in the notice of appeal, appropriately highlighted;

    • (b) setting out particular references to the evidence that is to be discussed in relation to the grounds; and

    • (c) attaching a transcript of the proceedings being appealed from.

  • Marginal note:Respondent’s memorandum

    (2) The respondent must, at least 15 days before the date scheduled for the hearing of the appeal, file with the clerk and serve on the appellant or the appellant’s counsel a brief memorandum setting out

    • (a) the relevant passages from the statutes, regulations and legal authorities on which the respondent intends to rely in reply to the argument of the appellant, including the full citation for each of these, appropriately highlighted; and

    • (b) particular references to the evidence that is to be discussed in relation to that argument.

Marginal note:Judicial interim release

 Judicial interim release pending the appeal may be granted conditionally or unconditionally by the appeal court, or may be refused.

PART 6Repeals

Coming into Force

Marginal note:Publication

Footnote * These Rules come into force on the day on which they are published in the Canada Gazette.

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