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

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.

• Return to footnote ^aS.C. 1994, c. 44, s. 35

• Return to footnote ^bS.C. 2002, c. 13, s. 17

• Return to footnote ^cS.C. 2002, c. 13, s. 18

• Return to footnote ^dR.S., c. C-46

Calgary, November 17, 2017

La juge en chef, Mary T. Moreau Chief Justice

PART 1Interpretation, Application and General Principles

Marginal note:Definitions

1 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

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

Marginal note:Purpose and interpretation

• 3 (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

• 4 (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

• 5 (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

6 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

7 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

8 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

9 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

10 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

• 11 (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

• 12 (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

• 13 (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

14 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

• 15 (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.

DIVISION 6Application Relating to an Authorization or Warrant

Marginal note:Application

16 An application relating to an authorization, warrant or similar order must be made in accordance with the enabling statute or, if no procedure exists in the enabling statute or there is no enabling statute, in accordance with Division 1.

Marginal note:Documents required for application

17 If Division 1 applies to the application, the applicant must provide, in addition to the supporting documents required under Rule 7,

• (a) the relevant passages from the statutes, regulations and legal authorities relied on and the full citation for each of these; and

• (b) a draft of the order sought.

DIVISION 7Application for an Order Restricting Publication or Public Access

Marginal note:Applications to which this rule applies

• 18 (1) This Division applies to an application for any of the following orders, unless the order is required by statute:

  • (a) a publication ban;

  • (b) a sealing order;

  • (c) an order prohibiting the identification of a witness, including through the use of pseudonyms;

  • (d) an order for an in camera hearing; and

  • (e) any other order for non-disclosure or restricting access.

• Marginal note:Applications to impose or set aside a sealing order

  (2) An application for an order to seal an entire Court file or to set aside all or any part of an order to seal a Court file must be made to

  • (a) the Chief Justice;

  • (b) the Associate Chief Justice; or

  • (c) a judge designated by the Chief Justice.

• Marginal note:Other applications

  (3) Any other application under this Division must be made to the trial judge, or, if no trial judge has been assigned, to another judge.

• Marginal note:Filing and service

  (4) In addition to complying with the requirements of Division 1 and with any direction the Court may make with respect to any other persons to be served, the applicant must file three paper copies of Form CC6 with the clerk in the judicial centre where the application is to be heard and provide to that clerk one electronic copy of the form.

• Marginal note:Notice

  (5) If the clerk has a list of media organizations registered for electronic distribution, the clerk must forward the filed electronic copy of Form CC6 to those organizations.

• Marginal note:Posting of Form CC6

  (6) The clerk must post a copy of the filed Form CC6 in a place reserved for giving public notice at the courthouse where the application is to be heard.

PART 3Pre-Trial Conferences

DIVISION 1General Provisions

Marginal note:Cases requiring a pre-trial conference

19 A pre-trial conference must be held in any case that is to be tried by a judge and jury and in any case that is anticipated to take at least three days, unless a case management judge has been appointed or a judge, on application, orders otherwise.

Marginal note:Date of first pre-trial conference

20 The first pre-trial conference must be held within 120 days after the filing of the indictment or the order committing the accused to stand trial, whichever occurs first.

Marginal note:Pre-trial conference location

• 21 (1) A pre-trial conference must be conducted in the judicial centre where the trial will be held, unless otherwise ordered by a judge.

• Marginal note:Pre-trial conference in courtroom

  (2) A pre-trial conference involving an unrepresented accused, or a represented accused who wishes to be present, must be conducted in a courtroom.

Marginal note:Additional pre-trial conferences

• 22 (1) The pre-trial conference judge or another judge of the Court may order that additional pre-trial conferences be held in order to promote a fair and expeditious trial or resolution of the proceeding.

• Marginal note:Presiding judge

  (2) If possible, any additional pre-trial conference must be conducted by the initial pre-trial conference judge.

DIVISION 2Submissions and Reports

Marginal note:Submissions

23 Each party to a pre-trial conference must prepare submissions by completing the pertinent parts of Form CC7 and provide a copy of this form to every other party to the proceeding and to the clerk in the appropriate judicial centre within the following periods:

• (a) in the case of the prosecutor, at least two weeks before the date of the pre-trial conference; and

• (b) in the case of the accused, at least one week before the date of the pre-trial conference.

Marginal note:Report by pre-trial conference judge

• 24 (1) The pre-trial conference judge must prepare a report in Form CC7 and provide it to each of the parties for their approval within the period and on the conditions the pre-trial conference judge considers appropriate.

• Marginal note:Report provided to court coordinator

  (2) The pre-trial conference judge must remove and destroy the page of the report relating to the parties’ positions on sentence, and the remainder of the report must be provided to the court coordinator and must not be disclosed to the public unless otherwise ordered by the judge.

• Marginal note:Report provided to trial judge

  (3) The court coordinator must provide a copy of the report to the trial judge.

DIVISION 3Recording and Transcript of Pre-Trial Conference

Marginal note:Recording of pre-trial conference

• 25 (1) A pre-trial conference that is conducted in a courtroom must be recorded, but the recording must not be published, broadcast or transmitted in any way, unless otherwise ordered by the pre-trial conference judge.

• Marginal note:Request for transcript

  (2) No transcript or recording of a pre-trial conference may be requested except on notice to all parties and with the prior written approval of the pre-trial conference judge.

• Marginal note:Publication, broadcast or transmission with approval of judge

  (3) If a transcript or recording has been requested, no information contained in the transcript or recording may be published, broadcast, transmitted or used in any way except on notice to all parties and with the prior written approval of the pre-trial conference judge.

• Marginal note:No publication or disclosure of sentencing discussions

  (4) No information with respect to sentencing discussions or the parties’ positions may be published or disclosed in any way.

DIVISION 4Discussions at Pre-Trial Conference

Marginal note:Parties’ commitments

• 26 (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

• 27 (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

28 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

29 The following definitions apply in this Part.

adjudication

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

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

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

Marginal note:Notice of appeal

• 30 (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

• 31 (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

• 32 (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

• 33 (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

• 34 (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

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

PART 6Repeals

• 36 (1) The Court of Queen’s Bench for Alberta Summary Conviction Appeal RulesFootnote ¹ are repealed.

  • Return to footnote ¹SI/2012-39

• (2) The Rules Pursuant to Section 424 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition as published in Part I of the Canada Gazette on July 13, 1968 are repealed.

• (3) The Alberta Court of Queen’s Bench Rules Respecting Pre-Trial ConferencesFootnote ² are repealed.

  • Return to footnote ²SI/86-79

Coming into Force

Marginal note:Publication

Footnote ^*37 These Rules come into force on the day on which they are published in the Canada Gazette.

• Return to footnote ^*[Note: Rules in force December 13, 2017.]