PART 1General

1.01 In these rules,

appeal

appeal means an appeal from a decision of a summary conviction court; (appel)

court

court means the Court of Queen’s Bench of Manitoba; (tribunal)

criminal proceedings

criminal proceedings means a prosecution, proceeding, action or appeal instituted in relation to a matter of a criminal nature or a proceeding arising from or incidental to any such prosecution, proceeding, action or appeal; (poursuites criminelles)

judicial centre

judicial centre means a centre designated by the Lieutenant Governor in Council for the trials of criminal actions in Manitoba; (centre judiciaire)

Provincial Court

Provincial Court means the Provincial Court of Manitoba; (Cour provinciale)

registrar

registrar means a registrar of the court who is appointed under The Court of Queen’s Bench Act (C.C.S.M. c. C280). (registraire)

1.02 These rules apply to all criminal proceedings within the jurisdiction of the court.

1.03 A reference to time in these rules shall be computed in accordance with Rule 3.01 of the Court of Queen’s Bench Rules, Manitoba Regulation 553/88.

PART 2Venue

2.01 Subject to rule 2.02, criminal proceedings shall be commenced in the judicial centre nearest the place where the cause of the proceedings arose.

2.02 Ease of access from the place where the cause of the proceedings arose to a judicial centre shall be a factor in a decision as the which centre is the nearest.

2.03 Criminal proceeding shall be heard in the judicial centre in which they are commenced unless the court otherwise orders.

2.04 An application to change the venue of a trial from the judicial centre nearest the place where the cause of the proceedings arose to another judicial centre is governed by the change of venue provisions of the Criminal Code (Canada).

2.05 For the purpose of an application under rule 2.04, a judicial centre is deemed to be a territorial division.

2.06 The validity of criminal proceedings is not affected solely by a failure to comply with the provisions of this Part, but the court may, on an application or on its own motion, transfer the proceedings to the appropriate judicial centre or may make any other such order as may be just.

PART 3Commencement of Proceedings

3.01 Where an indictment is preferred against an accused, all criminal proceedings related to that indictment shall be given the same file number as the indictment.

3.02 In criminal proceedings against an accused where an indictment has not been preferred, all related criminal proceedings shall be given the same file number as the first proceeding that is brought in the court in respect of the cause of the criminal proceedings.

3.03 A document filed in court in connection with a criminal proceeding shall contain on its face, beneath the file number, the designation “criminal”.

PART 4Service

4.01 Service of a document on an accused may be effected by serving counsel of record for the accused unless the legislation that requires service states that service shall be effected personally on the accused.

4.02 Upon the completion of a trial of an accused or an appeal, there is no presumption that counsel of record continues to act for the accused.

PART 5Criminal Motions

5.01 A motion shall be in the form prescribed for Notice of Motion under the Court of Queen’s Bench Rules, Manitoba Regulation 553/88, with such modifications as these rules and the circumstances require.

5.02 A motion in a criminal proceeding shall be designated Notice of Motion (Criminal) and, where the court has separate criminal and civil motions lists, the motion shall be placed on a criminal motions list.

5.03 A motion shall state in clear and concise terms

• (a) the relief sought by the moving party, the grounds upon which the relief is sought and the material upon which the moving party relies, including any statutory provisions;

• (b) whether the accused is in custody and, if so, whether he or she wishes to be taken to court for the hearing of the motion;

• (c) the present status of the criminal proceedings against the accused, including the date and place for a preliminary inquiry or trial, if a date is fixed; and

• (d) in a matter other than an application for judicial interim release or review or for estreatal, whether the motion is likely to be opposed and the estimated length of time for the hearing of the motion if it is opposed.

5.04 A motion arising out of or incidental to a criminal proceeding

• (a) in the Provincial Court shall include a copy of the information against the accused; and

• (b) in the Court of Queen’s Bench shall include a copy of the indictment against the accused.

5.05 On a motion for a prerogative writ, where the record of the Provincial Court is required to be brought up for review, it is sufficient if a photocopy of the record is filed by the moving party.

• 5.06 (1) Where a motion is opposed, the judge presiding in criminal motions court may fix a date and time for the hearing of the motion.

• 5.06 (2) Where a motion is opposed and the hearing is expected to require more than one hour, counsel may, by agreement, arrange a date for the hearing through the registrar.

5.07 Subject to rules 5.08 and 5.09, a moving party shall serve the responding party with a notice of motion at least four days before the hearing date, other than a motion for which other notice provisions are legislated.

5.08 Subject to rule 5.09, where a motion raises a point of law,

• (a) the moving party shall, no less than seven days before the date fixed for the hearing, file with the court and serve on the responding party a brief consisting of

  • (i) a list of any documents specially identified, including filing date, filed in court to be relied upon by the moving party, unless the court orders that copies of all documents be filed as part of the brief,

  • (ii) a list of any cases and statutory provisions to be relied on by the moving party, and

  • (iii) a list of the points to be argued; and

• (b) the responding party shall, no less than three days before the date fixed for the hearing, file with the court and serve on the moving party a brief consisting of

  • (i) a list of any documents described in subclause (a)(i), not included in the moving party’s brief and to be relied on by the responding party, and

  • (ii) a list of items described in subclauses (a)(ii) and (iii), not included in the moving party’s brief, to be relied on by the responding party.

5.09 The presiding judge may, in a situation of urgency, dispense with the notice and filing requirements set out in rules 5.07 and 5.08.

PART 6Telephone Motions

6.01 Where in any judicial centre a judge is unavailable or unable within a reasonable period of time to hear a motion brought before trial, including a motion for judicial interim release, the moving party may request the registrar to schedule the motion to be heard be teleconference by a judge presiding in another judicial centre.

6.02 Unless the judge rules that a motion scheduled under rule 6.01 is inappropriate to be so heard, the judge shall hear and determine the motion by teleconference.

6.03 A motion that is determined under rule 6.02 is deemed to have been heard and determined at the judicial centre where the accused is to be tried.

PART 7Fixing of Trial Dates

7.01 In each judicial centre there shall be a monthly sitting of the court designated as criminal assignment court.

7.02 Subject to rule 7.06, where an accused is ordered to stand trial, the accused shall appear at the first criminal assignment court that is held no less than 10 days after the date of the order and shall appear at each criminal assignment court thereafter until a date for the trial is fixed.

7.03 Where an accused is brought before the criminal assignment court on a warrant or summons, the accused shall appear at each criminal assignment court thereafter until a date for the trial is fixed.

7.04 Before a trial date for an accused is fixed,

• (a) counsel for the Crown shall give to the accused notice in writing of any evidence that the Crown intends to call at trial and that was not disclosed at a preliminary inquiry, and the additional length of time that will be required to adduce such evidence;

• (b) the accused shall give to counsel for the Crown notice in writing of

  • (i) any motion that the accused intends to make before trial, the results of which could affect the conduct or duration of the trial, and the anticipated length of time required for the motion,

  • (ii) any motion that the accused intends to make during the trial relating to the exclusion of evidence that by presumption is admissible, and the anticipated length of time required for such motion, and

  • (iii) the anticipated length of time required for the accused’s case to be heard should the accused decide to call evidence; and

• (c) the accused and counsel for the Crown shall, after making the disclosures referred to in clauses (a) and (b), advise the court of their estimates of the length of the trial.

7.05 A trial date may be arranged by agreement between the accused, counsel for the Crown and the registrar.

7.06 Where a form of consent to trial date that is signed by the accused and counsel for the Crown and that bears the written consent of the registrar is filed with the court office no later than noon the day before the date scheduled for a criminal assignment court appearance, the date is deemed to have been fixed and attendance at the assignment court by the accused or his or her counsel is not required.

PART 8Summary Conviction Appeals

8.01 A notice of appeal shall be prepared by the appellant and shall be signed by the appellant or counsel for the appellant.

8.02 A notice of appeal shall be in Form 1 of the Schedule and shall be accompanied by a certificate in a form approved by the registrar confirming that at least three copies of the evidence recorded have been ordered and the order accepted.

8.03 A notice of appeal shall be filed with the court no later than 30 days after a conviction, order or sentence.

8.04 A notice of appeal shall be served personally on the respondent or his or her counsel no later than 30 days after the date it is filed with the court unless, before or after the expiration of the 30 days, the court otherwise orders.

8.05 The appellant shall file with the court proof of service of the notice of appeal no later than seven days after the notice is served.

8.06 Where an appeal is against sentence only, the appellant is required to provide only a transcript of the proceedings on sentence.

8.07 Where an appellant is applying for a trial de novo, the application shall be made by motion before a date for the hearing of the appeal is fixed.

8.08 When the transcript of the proceedings that are the subject of the appeal is filed with the court, the appeal is deemed to be ready to be heard and shall be placed on the next criminal assignment court list for the purpose of fixing a date for the hearing of the appeal.

8.09 Counsel for the Crown shall give notice of the date of the criminal assignment court at which a date for the hearing of the appeal is to be fixed, by registered mail to the accused at his or her address of record.

8.10 If the appellant fails to appear personally or by counsel at the assignment court, the court may summarily dismiss the appeal.

8.11 If a respondent fails to appear personally or by counsel on the date fixed for hearing of the appeal, the court may proceed with the appeal in the absence of the respondent.

8.12 If the appellant fails to appear personally or by counsel on the date fixed for the hearing of the appeal, the court may summarily dismiss the appeal.

8.13 In any appeal in which a point of law is involved, each party to the appeal shall file with the court and exchange with the other party a factum in the form and in accordance with the time limits for filing and exchange of factums set out in the Court of Appeal Rules, Manitoba Regulation 555/88R.

PART 9Pre-trial Conference

• 9.01 (1) Subject to subrule (2), the judge who fixes the trial date at criminal assignment court shall also fix a date and time for a pre-trial conference which shall be held before the trial judge or another judge of the court at least two months before the date fixed for trial.

• 9.01 (2) Subrule (1) does not apply

  • (a) if a judge otherwise orders; or

  • (b) where an accused is to be tried without a jury, and two days or less are fixed for the trial, unless counsel for the Crown or counsel for the defence request a pre-trial conference.

9.02 Counsel who will have conduct of the trial shall attend at the date and time ordered under rule 9.01 and at any other dates and times that are ordered by the judge who presides at the pre-trial conference.

9.03 At the pre-trial conference, counsel shall disclosure to the presiding judge the nature and particulars of any preliminary motion they intend to make.

9.04 The presiding judge at a pre-trial conference may direct that a preliminary motion

• (a) be made in writing and be heard at such time as the judge fixes, before the date fixed for trial; or

• (b) be heard at the outset of the trial.

9.05 Where the accused is to be tried with a jury, counsel shall disclose to the presiding judge at a pre-trial conference the nature and particulars of any matter that may arise in the course of the trial and would ordinarily be dealt with in the absence of the jury after it has been sworn, and the anticipated length of time the matter would require for hearing.

9.06 The presiding judge at a pre-trial conference may direct that a matter referred to in rule 9.05

• (a) be dealt with before any juror on a panel of jurors is called and at such date and time as the judge fixes; or

• (b) be dealt with in the absence of the jury after it has been sworn.

9.07 [Repealed, SI/94-102, s. 4]

9.08 A pre-trial conference may be conducted by teleconference where counsel consent or the presiding judge so directs.

PART 10Repeal and Coming into Force

10.01 The following regulations under the Criminal Code (Canada) are repealed:

• (a) Manitoba County Court Summary Conviction Appeal Rules (1976), Regulations SI/77-2, SI/80-16 and SI/82-233;

• (b) The Queen’s Bench Rules (Criminal), Regulations SI/84-90; and

• (c) Manitoba Court of Queen’s Bench Rules Respecting Pre-trial Conferences (Criminal), Regulation SI/85-210.

10.02 These Rules shall come into force and take effect as of March 1, 1992.

SCHEDULE(RULE 8.02)Form 1

CANADA	FILE #
Province of Manitoba
THE QUEEN’S BENCH
(Centre)
NOTICE OF APPEAL
IN THE MATTER OF THE APPEAL OF
(Full name of Appellant)
TAKE NOTICE that the Appellant hereby appeals from the following:
□ CONVICTION□ SENTENCE□ ORDER
1. Place of Conviction	□ 408 York Avenue, Winnipeg, Manitoba
	□ 373 Broadway, Winnipeg, Manitoba
	□
	(other)
2. Court appealed from:
3. Offence(s) in question:
4. Sentence imposed if applicable:
5. Date of conviction or order:
6. Date of sentence:
GROUNDS OF APPEAL (State concisely)
Relief sought
The address for service of the appellant is:
Dated this day of , 19 .
□ No evidence recorded
□ Evidence recorded
– transcript ordered
Signature of Appellant or Counsel
MG 10505 (Rev. 12/91)