Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador (SI/2018-43)

Regulations are current to 2019-06-20 and last amended on 2018-07-01. Previous Versions

RULE 8Resolution Conferences (continued)

Marginal note:Procedure at Resolution Conferences

 At the resolution conference, the parties shall be prepared to discuss with each other, with the assistance and guidance of the presiding judge:

  • (a) the nature of the key factual and legal issues in the case and the points of difference between the parties on those issues;

  • (b) the strengths and weaknesses of the respective cases of the parties;

  • (c) ways of resolving the differences between the parties; and

  • (d) whether case management is required under rule 10.03 or the parties consent to case management.

Marginal note:Role of the Judge

  •  (1) The resolution conference judge shall inquire into and discuss:

    • (a) the prosecutor’s position on sentencing before trial and after trial in the event of conviction, including the counts upon which pleas of guilty would be sought, any corollary orders sought upon conviction, and whether further proceedings would be taken upon conviction of any serious personal injury offence as defined in section 752 of the Code; and

    • (b) the position of counsel for each accused on sentence,

      • (i) if the accused were to instruct counsel that he or she wished to plead guilty before trial; and

      • (ii) where guilt was proven after trial.

  • (2) If requested by all parties and he or she considers it appropriate, the resolution conference judge may comment on the strengths and weaknesses of the parties’ respective case and make suggestions for resolution.

  • (3) The parties may discuss and attempt to reach an agreement on the range of sentence or a joint submission on a particular sentence in the event that an accused indicates that he or she is prepared to plead guilty to an offence.

  • (4) If requested by all parties and he or she considers it appropriate, the resolution conference judge may comment on the appropriateness of any proposed sentence based upon the circumstances disclosed at the resolution conference.

  • (5) The resolution conference judge may meet with the prosecutor and one or more accused in the absence of other accused if the judge is of the view that such a procedure may advance a possible resolution in respect of some but not all accused.

Marginal note:Procedure at the End of the Resolution Conference

  •  (1) If, at the end of the resolution conference, the accused intends to enter a plea of guilty, the resolution conference judge and the parties may proceed immediately to a hearing for the purposes of entering a guilty plea and making submissions on sentence if:

    • (a) the judge thinks it would be appropriate to proceed immediately to a sentencing hearing;

    • (b) the parties consent to proceeding immediately to a sentencing hearing;

    • (c) there is a courtroom available;

    • (d) there is court staff available;

    • (e) the judge is satisfied that the requirements of the Code with respect to the notification of victims and the submission of victim impact statements have been met; and

    • (f) the judge is satisfied that the requirements set out in subsection 606(1.1) of the Code have been met.

  • (2) If, at the end of the resolution conference, the accused intends to enter a plea of guilty but

    • (a) the judge does not think it would be appropriate to proceed immediately to a sentencing hearing;

    • (b) the parties do not consent to proceeding immediately to a sentencing hearing;

    • (c) a courtroom is not available; or

    • (d) there is no court staff available

    the judge shall indicate in an order following the resolution conference

    • (e) that a sentencing hearing is required;

    • (f) that the parties shall appear at the next sitting of arraignment court;

    • (g) whether the parties consent to the resolution conference judge conducting the sentencing hearing; and

    • (h) whether there are any scheduling issues.

  • (3) The judge at a sentencing hearing is not bound by any agreement between the prosecutor and the accused with respect to sentence.

  • (4) If, at the end of the resolution conference, subrules (1) and (2) do not apply, the judge may order one or more of the following:

    • (a) a further resolution conference;

    • (b) the hearing of an application;

    • (c) the parties to attend the next sitting of arraignment court; or

    • (d) the assignment of the proceeding to case management.

  • (5) On receipt of an order following a resolution conference under subrule (2) or clause (4)(c), a registry clerk shall place the matter on the next arraignment court list.

Marginal note:Summary of Issues Resolved

  •  (1) At the conclusion of the resolution conference, all of the issues resolved at the resolution conference shall be:

    • (a) summarized in writing by the judge;

    • (b) acknowledged by the parties;

    • (c) placed in a sealed envelope; and

    • (d) placed in the court file.

  • (2) The envelope shall remain sealed unless a judge orders otherwise.

Marginal note:Resolution Conference Judge shall not be the Trial Judge

 In the event that the resolution conference does not lead to a complete resolution of the case, the judge presiding over the resolution conference shall not preside as the trial judge but may preside as the pre-trial conference judge, if the judge deems it appropriate and the parties consent.

RULE 9Pre-Trial Conferences

Marginal note:Purpose of Pre-Trial Conferences

  •  (1) A pre-trial conference is a meeting of the parties to expedite trials and to fully and freely discuss the proceeding with judicial assistance and, where appropriate, the judge may:

    • (a) in consultation with the appropriate registry clerk, establish or revise any schedule for pre-trial applications, trial or other proceedings;

    • (b) secure the parties’ agreement or give directions about the order in which applications shall be heard;

    • (c) secure the parties’ agreement or give directions about the manner in which evidence will be presented on applications;

    • (d) secure the parties’ agreement or give directions regarding the appearance of witnesses by video conference;

    • (e) secure the parties’ agreement or give directions regarding expert witnesses meeting on a without prejudice basis to determine those matters on which they agree and do not agree;

    • (f) secure the parties’ agreement or give directions about the manner in which decisions made by a judge other than the trial judge on applications are to be incorporated into the record or other proceedings;

    • (g) secure the parties’ agreement or give directions about the materials to be filed in support of and in response to any applications;

    • (h) establish a schedule for the service and filing of any materials required for applications;

    • (i) secure the parties’ agreement to or give directions about admissions of fact or other agreements about issues of fact and the attendance of witnesses on issues not in dispute;

    • (j) require the prosecutor to provide a list of the names of the persons who will or may be called as witnesses for the prosecution;

    • (k) secure the parties’ agreement or give directions about interpreters or equipment required in the proceedings and make arrangements through a registry clerk to ensure such requirements are met;

    • (l) secure the parties’ agreement to or give directions about the manner in which evidence may be presented at trial to assist its comprehension by jurors;

    • (m) determine whether jury selection will involve challenge for cause and if so, endeavour to establish the questions to be asked on such procedure;

    • (n) attempt to resolve by agreement any outstanding issues respecting disclosure; and

    • (o) determine whether case management is required under rule 10.03 or the parties consent to case management.

  • (2) All discussions at a pre-trial conference are without prejudice and shall not be referred to in subsequent applications or at the trial, except as ordered to be disclosed by a judge.

 
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