Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 28.05
28.05 (1) Unless otherwise ordered by the pre-trial conference judge under rule 2.01, a pre-trial conference in a case where all parties are represented by counsel, shall be conducted in a pre-trial conference room, judges’ chambers or other suitable room in the courthouse where a full and frank discussion of the issues raised in the proceedings may take place. (2) Where any party is not represented by counsel, the pre-trial conference shall be held in a courtroom closed to the public. (3) A pre-trial conference held under subrule (2) shall be recorded and the proceedings not published, broadcast or transmitted in any other way, except by order of the pre-trial conference judge. (4) No transcript of any pre-trial conference held under subrule (2) shall be ordered by anyone without notice to all parties and the written approval of the pre-trial conference judge or another judge of the court. (5) Where a transcript has been ordered under subrule (4), no information contained in it shall be published in any document or broadcast or transmitted in any way without the approval of the pre-trial conference judge, on notice to all parties. Attendance at Pre-Trial Conference (6) Unless otherwise ordered by the pre-trial conference judge or a judge of the court, counsel of record for each accused, or if the accused is self-represented, the accused, and the prosecutor assigned to conduct the prosecution, or a prosecutor with authority to bind the prosecutor assigned to conduct the prosecution, shall attend the pre-trial conference and be in a position to make commitments on behalf of the party whom each represents on issues reasonably anticipated to arise from the contents of the pre-trial conference reports. (7) Unless otherwise ordered by the pre-trial conference judge or a judge of the court an accused who is represented by counsel who has completed a Designation of Counsel in Form 18 is not required to attend the pre-trial conference. (8) The pre-trial conference judge or another judge of the court may require that an accused represented by counsel and an investigating officer attend or be available for consultation at the pre-trial conference. Specific Inquiries to be Made (9) The pre-trial conference judge shall inquire about and discuss any matter that may promote a fair and expeditious hearing of the charges contained in the indictment. (10) Without restricting the generality of subrule (9) or any other rule, the pre-trial conference judge may inquire about and discuss: (a) the contents of the pre-trial conference reports submitted by counsel or self-represented accused; (b) any issues that arise from the contents of the pre-trial conference reports; (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 controversy at trial; (f) the resolution of any outstanding disclosure issues; (g) the nature and particulars of any pre-trial application under these rules including but not only: (i) the necessity to make orders about the notices of application to be filed; (ii) the setting of schedules for serving and filing notices of application, application records and other materials in support of pre-trial applications; (iii) whether factums, other memoranda or written submissions should be required for pre-trial applications and the schedule set for their filing and service; (iv) whether time limits should be imposed for oral arguments of pre-trial applications; and, (v) whether evidence on pre-trial applications may be provided by Agreed Statements of Facts, excerpts of transcripts of the preliminary inquiry, affidavits, “will states” or otherwise than by the testimony of witnesses. (h) the possibility that the parties will consent to a judge other than the trial judge hearing and deciding the pre-trial applications and incorporating any rulings made into the trial record