Preface... Acknowledgements... History... Table of Cases... xiii xv xvii xix PART I COURT STRUCTURE AND PROCEDURAL CHARTS... 3 Court Structure Launching and Prosecuting an Appeal Checklist for Parole Ineligibility Press Release Re: Electronic Transmission Devices in Courtrooms Policy on Use of Electronic Devices in Courtrooms Media Accreditation Policy PART II SUPREME COURT CRIMINAL RULES... 13 Rule 1 - General Rule 2 - Notice of Application Rule 3 - Service Rule 4 - Mandamus, Certiorari, Habeas Corpus, Prohibition, Bail Applications, and Disposition of Exhibits Rule 5 - Pre-trial Conferences Rule 6 - Summary Conviction Appeals Rule 7 - Applications For a Reduction in the Number of Years of Imprisonment Without Eligibility for Parole Table of Forms... 37 Form 1 - Notice of Application Form 2 - Certificate of Service Form 3 - Notice of Appeal - Defence Appeals Against Conviction, Sentence or Other Order Form 4 - Notice of Appeal - Crown Appeals Against Acquittal, Order Staying Proceedings or Sentence Form 5 - Notice of Abandonment of Appeal Form 6 - Notice of Application for Extension or Reduction of Time to Appeal Form 7 - Notice of Application for Release from Custody Pending Determination of Appeal or Stay of Probation Order or Driving Prohibition Form 8 - Application for Reduction in Number of Years of Imprisonment Without Eligibility for Parole Form 9 - Affidavit of Applicant Form 10 - Criminal Pre-Trial Conference Suggested Additional Forms... 53 Form 16 - Prosecution Sentencing Brief Form 17 - Defence Sentencing Brief Form 18 - Request for Crown Disclosure BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2014 v
PART III PRACTICE DIRECTIONS AND NOTICES TO THE PROFESSION... 63 Criminal SCD 1 Appeals/Judicial reviews pursuant to s. 94.1 Motor Vehicle Act (90 day roadside suspensions) Memorandum to All Supreme Court Trial Coordinators........................... June 28, 2000 SCD 2 Applications for Bail Reviews............... September 22, 2005 SCD 3 SCD 4 Challenging Jurors For Cause Notice of Application for Leave.................................. July 29, 1999 Court to Court Communications in Cross-Border Cases.................................... July 1, 2010 SCD 5 Criminal Law Practice Direction (consolidated).... November 2, 1998 I. Applications in Criminal Proceedings II. Criminal Files and Search Warrants III. Bail Reviews Attendance by Accused SCD 6 Amendment to the Criminal Practice Direction Dated November 2, 1998................................... March 3, 2004 SCD 7 Criminal Pre-Trial Conference Pilot Project....... February 1, 2010 SCD 8 Criminal Pre-Trial Conference Process.......... December 1, 2012 SCD 9 Criminal Rules of the Supreme Court of British Columbia Sections 482 and 745.64(1) of the Criminal Code (Re) January 9, 1998 SCD 10 French Language Jury Trials................ December 1, 2000 SCD 11 Gowning Policy for Counsel.................... July 1, 2010 SCD 12 Intercepted Communications Applications to Revoke or Vary................................ November 2, 1998 SCD 13 Media Notification of Applications in Criminal Matters Pilot Project in the Vancouver Registry (originally issued September 9, 2005).............................. February 23, 2006 SCD 14 Memorandum to All Criminal Registry Staff Re Section II, Paragraph 1 SCD 15 SCD 16 SCD 17 of the Criminal Law Practice Direction....... October 1, 2003 Notice Re Criminal Law Practice Direction (consolidated).......................... November 2, 1998 Procedure for Fixing Dates in Criminal Proceedings in Vancouver and New Westminster.................... December 1, 2009 Publication Ban Notification Project - Expansion to New Westminster........................... October 29, 2007 SCD 18 Sealing Orders Notice Requirement............. June 9, 2006 SCD 19 Trial Date Fixing Attendance of Accused... October 13, 1999 Criminal Guidelines SCD 20 Sentencing, Orders and Prohibitions Checklist..... December 2010 Civil - Administrative Notes SCD 21 AN - 2 Emergency After-Hours Applications in Vancouver - Civil and Family.......................... July 1, 2010 SCD 22 AN - 5 Photocopy and Fax Charges Guideline........ July 1, 2010 vi BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2014
SCD 23 AN - 6 Video Conferencing................... July 1, 2010 Civil - Practice Directions SCD 24 PD - 1 Affidavits - Identification of Counsel or Commissioner.............................. July 1, 2010 SCD 25 PD - 2 Appearance List on Applications........... July 1, 2010 SCD 26 PD - 9 Fax Filing Registries Fax Numbers.......... July 1, 2010 SCD 27 PD - 18 Request to Appear Before a Specific Judge, Master or Registrar.......................... July 1, 2010 SCD 28 PD - 23 Television Coverage of Court Proceedings... July 1, 2010 SCD 29 PD - 24 Witness Oath or Affirmation.............. July 1, 2010 PART IV PROVINCIAL COURT - CRIMINAL CASEFLOW MANAGEMENT RULES AND PRACTICE DIRECTIONS... 127 Rule 1 - Object, Application, and Interpretation Rule 2 - Effect of Non-Compliance Rule 3 - Practice Directions of Chief Judge Rule 4 - Notice and Filing Rule 5 - Initial Appearance Rule 6 - Crown Disclosure Rule 7 - Arraignment Report Rule 8 - Arraignment Hearing Rule 9 - Trial Readiness Report Rule 10 - Trial Confirmation Hearing Rule 11 - Adjournment of Trial or Preliminary Inquiry Rule 12 - Notice by Counsel Rule 13 - Continuations Forms... 145 Form 1 - Arraignment (Prosecutor) Form 2 - Arraignment (Counsel of Record for Accused) Form 3 - Trial Readiness (Prosecutor) Form 4 - Trial Readiness (Counsel of Record for Accused) Form 5 - Notice of Application to Adjourn Practice Directions... 150 PCD 1 Domestic Violence Docket PCD 2 Notice to Profession - Judicial Justices PCD 3 East Kootenay - Bail Remands PCD 4 Victoria - South Vancouver Island District - Criminal Caseflow Management Rules ("CCFM"), Reducing the Number of Appearances prior to an Arraignment Hearing PCD 5 Vernon - Okanagan District - Criminal Caseflow Management Rules PCD 6 Penticton - Okanagan District - Criminal Caseflow Management Rules PCD 7 Nelson - Kootenay District - Criminal Caseflow Management Rules BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2014 vii
PCD 8 Dawson Creek - Cariboo Northeast District - Criminal Caseflow Management Rules ("CCFM") Arraignment, Trial Confirmation Hearings and PCD 9 Kamloops - Kamloops District - Criminal Caseflow Management Rules PCD 10 Victoria - South Vancouver Island District - Criminal Caseflow Management Rules ("CCFM") Arraignment and Trial Confirmation Hearings PCD 11 Victoria Youth Justice Court - Criminal Caseflow Management Rules PCD 12 Fort St. John - Cariboo Northeast District - Criminal Caseflow Management Rules ("CCFM") Arraignment, Trial Confirmation Hearings and PCD 13 Vancouver Criminal District - Criminal Caseflow Management Rules PCD 14 Notice to Profession - Prosecution of Offences Under the Tsawwassen First Nation Final Agreement PCD 15 Prince George - Cariboo Northeast District Criminal Caseflow Management Rules ("CCFM") Arraignment, Trial Confirmation Hearings and PCD 16 PCD 17 PCD 18 PCD 19 PCD 20 PCD 21 PCD 22 PCD 23 Pursuant to Section 11 of Provincial Court Act - Hearing of Bail Applications Williams Lake - Cariboo Northeast District - Criminal Caseflow Management Rules ("CCFM") - Arraignment and Trial Confirmation Hearings, Compliance and Administrative Court Sittings Robson Square Youth Justice Court - Criminal Caseflow Management Rules Quesnel - Cariboo Northeast District - Criminal Caseflow Management Rules ("CCFM") - Arraignment and Trial Confirmation Hearings, Compliance and Administrative Court Sittings Access to the Court for Lawyers and Articled Students who have a Disability Duncan - South Vancouver Island District Arraignment and Trial Confirmation Hearings, Compliance and Kelowna-Okanagan District Arraignment and Trial Confirmation Hearings, Compliance and Colwood - South Vancouver Island District Arraignment and Trial Confirmation Hearings, Compliance and viii BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2014
PCD 24 Port Coquitlam - North Fraser District Arraignment and Trial Confirmation Hearings, Compliance and PCD 25 Prince George - Cariboo Northeast District Criminal Caseflow Management Rules (CCFM) Compliance Court Sittings PCD 26 Victoria - South Vancouver Island District - Criminal Caseflow Management Rules ("CCFM") - Arraignment and Trial Confirmation Hearins, Compliance and PCD 27 Judicial Case Managers - Assigned to the Pilot Projects by the Administrative Judge - Assignment of Duties Pursuant to s. 11 of the Provincial Court Act PCD 28 Scheduling of Continuations in the Provincial Court of British Columbia PCD 29 Daytime Search Warrant Applications PCD 30 Hearing of Bail Applications by the Justice Centre - Pursuant to Section 11 of the Provincial Court Act PCD 31 Procedure in Respect of Elections under Section 536(2) of the Criminal Code PCD 32 Arraignment Hearings PCD 33 Elections PCD 34 Arraignment Process Rule 5(4) PCD 35 Out-of-Town Counsel Attending Arraignment Hearings PART V CRIMINAL APPEAL RULES... 239 Rule 1 - Title Rule 1.1 - Interpretation Rule 2 - Application of Court Rules and Practice Directives Rule 3 - Appeal by the Defendant Rule 4 - Appeal by the Prosecutor Rule 5 - Notice of Appeal Rule 6 - Application Rule 7 - Filing of Appeal Book and Transcript of Evidence Rule 8 - Form and Content of Appeal Book and Transcript Rule 9 - Negotiations on Size of Appeal Book and Transcript Rule 10 - Factums Rule 11 - Sentence Appeals with Counsel Rule 12 - Post Sentence Reports Rule 13 - Summary Dismissal for Want of Prosecution or Failure to Comply with Rules Rule 14 - Abandonment Rule 15 - Pre-hearing Conference Rule 16 - Time Limits Rule 17 - Applications to the Court or a Justice Rule 18 - Non-compliance with Rules Rule 19 - Procedure on Release Application Rule 20 - Reviews under Section 680 Table of Forms... 275 Form 1 - Notice of Appeal or Application for Leave to Appeal Form 1A - Notice of Appeal or Application for Leave to Appeal BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2014 ix
Form 2 - Notice of Appeal or Application for Leave to Appeal Form 3 - Notice of Appeal or Application for Leave to Appeal Crown Appeals against Acquittal or Sentence Form 4 - Appeal Book Form 5 - Transcript Form 6 - Factum Form 7 - Notice of Application for Extension of Time to Appeal Form 8 - Notice of Application for Release From Custody Pending Determination of Appeal and Order for Release Form 9 - Notice to Release Appellant Pending Determination of Appeal Form 10 - Review Under Criminal Code Section 680 Form 11 - Notice of Abandonment of Appeal Table of Criminal and Civil Practice Directives of the Court of Appeal... 309 Criminal Directives CAD 1 Applications for a Court-Appointed Lawyer CAD 2 Factums in Criminal Appeals CAD 3 In Custody Appellants and New Trials CAD 4 Ineffective Assistance of Trial Counsel CAD 5 Mental Disorder Appeals CAD 6 Pilot Project Regarding Criminal Conviction/Acquittal Appeals CAD 7 Sentence Appeals Civil & Criminal Practice Directives CPD 1 Chambers Applications by Telephone or Videoconference CPD 2 Citation of Authorities CPD 3 Condensed Books CPD 4 Court of Appeal Practice Directives CPD 5 Expediting Appeals CPD 6 Filing Electronic Factums and Statements CPD 7 Five Justice Divisions CPD 8 Guidelines for Protecting Privacy Interests in Reasons for Judgment CPD 9 Oral Reasons for Judgment CPD 10 Supplementary Arguments CPD 11 Use of the Facsimile in the Court of Appeal Civil & Criminal Practice Notes CPN 1 Adjournment of Appeals CPN 2 Court Sittings in Kamloops, Kelowna and Prince George CPN 3 Criminal Transcripts CPN 4 Digital Recording Policy in the Court of Appeal CPN 5 Frequently Cited Authorities CPN 6 Obtaining Oral Reasons for Judgment CPN 7 Preferred Filing Registry CPN 8 Publication Bans CPN 9 Release of Court of Appeal Reserve Reasons for Judgment by E-Mail PART VI STATUTES OFFENCE ACT... 365 PART VII COURTS, AGENCIES, MINISTRIES... 495 x BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2014
PART VIII LEGAL AID TARIFF... 501 General Terms and Conditions Criminal Tariff for referrals after June 29, 2010 Criminal Tariff for referrals prior to June 29, 2010 PART IX INDEX... 539 BRITISH COLUMBIA ANNUAL CRIMINAL PRACTICE, 2014 xi