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

Regulations are current to 2021-06-28

PART 2Applications (continued)

DIVISION 6Application Relating to an Authorization or Warrant

Marginal note:Application

 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

 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

  •  (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

 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

 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

  •  (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

  •  (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

 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

  •  (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

  •  (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

  •  (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.

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