GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 26
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. 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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 27
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. 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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 28
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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 29
Definitions 29 The following definitions apply in this Part. 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 means an appeal from or against an adjudication. ( appel ) appeal court means the Court of Queen’s Bench of Alberta sitting as an appeal court. ( cour d’appel ) judge means a judge of the appeal court. ( juge )
Court of Queen’s Bench of Alberta Criminal Procedure Rules — (a)
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 )
Court of Queen’s Bench of Alberta Criminal Procedure Rules — Court of Queen’s Bench of Alberta Criminal Procedure Rules
appeal means an appeal from or against an adjudication. ( appel )
Court of Queen’s Bench of Alberta Criminal Procedure Rules — Court of Queen’s Bench of Alberta Criminal Procedure Rules
appeal court means the Court of Queen’s Bench of Alberta sitting as an appeal court. ( cour d’appel )
Court of Queen’s Bench of Alberta Criminal Procedure Rules — Court of Queen’s Bench of Alberta Criminal Procedure Rules
judge means a judge of the appeal court. ( juge )
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 30
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. 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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 31
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. 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. 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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 32
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. 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. 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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 33
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. 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. 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. 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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 34
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. 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.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 35
Judicial interim release 35 Judicial interim release pending the appeal may be granted conditionally or unconditionally by the appeal court, or may be refused.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 36
36 (1) The Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules 1 are repealed. 1 SI/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 Conferences 2 are repealed. 2 SI/86-79
Court of Queen’s Bench of Alberta Criminal Procedure Rules — Publication
Publication * 37 These Rules come into force on the day on which they are published in the Canada Gazette . * [Note: Rules in force December 13, 2017.]
Court of Queen’s Bench of Alberta Criminal Procedure Rules — Court of Queen’s Bench of Alberta Criminal Procedure Rules
For forms, see Canada Gazette Part II, SI/2017-76: http://gazette.gc.ca/rp-pr/p2/2017/2017-12-13/pdf/g2-15125.pdf#page=289
Court of Queen’s Bench of Alberta Criminal Procedure Rules — Court of Queen’s Bench of Alberta Criminal Procedure Rules
http://gazette.gc.ca/rp-pr/p2/2017/2017-12-13/pdf/g2-15125.pdf#page=289
Transfer of Duties Order — a
Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 2(a) a of the Public Service Rearrangement and Transfer of Duties Act b , effective November 30, 2017, a S.C. 2003, c. 22, s. 207 b R.S., c. P-34 (a) transfers from the Department of Health to the Department of Indigenous Services Canada the control and supervision of that portion of the federal public administration in the Department of Health known as the First Nations and Inuit Health Branch; and (b) transfers from the Department of Indian Affairs and Northern Development to the Department of Indigenous Services Canada the control and supervision of those portions of the federal public administration in the Department of Indian Affairs and Northern Development known as (i) the Education and Social Development Programs and Partnership Sector, and (ii) the Regional Operations Sector.
Transfer of Duties Order — (a)
(a) transfers from the Department of Health to the Department of Indigenous Services Canada the control and supervision of that portion of the federal public administration in the Department of Health known as the First Nations and Inuit Health Branch; and
Transfer of Duties Order — (b)
(b) transfers from the Department of Indian Affairs and Northern Development to the Department of Indigenous Services Canada the control and supervision of those portions of the federal public administration in the Department of Indian Affairs and Northern Development known as (i) the Education and Social Development Programs and Partnership Sector, and (ii) the Regional Operations Sector.
Transfer of Duties Order — (i)
(i) the Education and Social Development Programs and Partnership Sector, and
Order Designating the Deputy Minister of the Department of Indigenous Services Canada as Deputy Head in respect of that Entity — a
Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 11(2)(a) a of the Financial Administration Act b , designates the Deputy Minister of the Department of Indigenous Services Canada as deputy head in respect of that entity, effective November 30, 2017. a S.C. 2003, c. 22, s. 8 b R.S., c. F-11
Order Designating the Department of Indigenous Services Canada as a Department for the purposes of the Act — (a)
Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, effective November 30, 2017, (a) pursuant to paragraph (b) of the definition department in subsection 2(1) of the Public Service Employment Act a , designates the Department of Indigenous Services Canada as a department for the purposes of that Act; and a S.C. 2003, c. 22, ss. 12 and 13 (b) pursuant to paragraph (b) of the definition deputy head in subsection 2(1) of the Public Service Employment Act a , designates the Deputy Minister of the Department of Indigenous Services Canada as the deputy head of that entity for the purposes of that Act.
Order Designating the Department of Indigenous Services Canada as a Department for the purposes of the Act — (a)
(a) pursuant to paragraph (b) of the definition department in subsection 2(1) of the Public Service Employment Act a , designates the Department of Indigenous Services Canada as a department for the purposes of that Act; and a S.C. 2003, c. 22, ss. 12 and 13
Order Designating the Department of Indigenous Services Canada as a Department for the purposes of the Act — (b)
(b) pursuant to paragraph (b) of the definition deputy head in subsection 2(1) of the Public Service Employment Act a , designates the Deputy Minister of the Department of Indigenous Services Canada as the deputy head of that entity for the purposes of that Act.
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (a)
Whereas the following recovery planning measures have been taken under the Species at Risk Act with respect to the Killer Whale ( Orcinus orca ) Northeast Pacific southern resident population (SRKW): (a) the Recovery Strategy for the Northern and Southern Resident Killer Whales ( Orcinus orca ) in Canada , published in 2008 and amended in 2011; (b) the Action Plan for the Northern and Southern Resident Killer Whale ( Orcinus orca ) in Canada and the Multi-species Action Plan for Pacific Rim National Park Reserve of Canada , published in 2017; (c) the Multi-species Action Plan for Gulf Islands National Park Reserve of Canada , published in 2018; and (d) the Recovery Strategy for the Northern and Southern Resident Killer Whales ( Orcinus orca ) in Canada (proposed) , identifying additional areas of critical habitat and published on September 4, 2018;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (a)
(a) the Recovery Strategy for the Northern and Southern Resident Killer Whales ( Orcinus orca ) in Canada , published in 2008 and amended in 2011;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (b)
(b) the Action Plan for the Northern and Southern Resident Killer Whale ( Orcinus orca ) in Canada and the Multi-species Action Plan for Pacific Rim National Park Reserve of Canada , published in 2017;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (c)
(c) the Multi-species Action Plan for Gulf Islands National Park Reserve of Canada , published in 2018; and
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (d)
(d) the Recovery Strategy for the Northern and Southern Resident Killer Whales ( Orcinus orca ) in Canada (proposed) , identifying additional areas of critical habitat and published on September 4, 2018;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population
Whereas, on May 24, 2018, the Minister of Fisheries and Oceans and the Minister of the Environment announced that they had formed the opinion that the SRKW faces imminent threats to its survival and recovery and identified three key threats to the population, namely prey availability, acoustic and physical disturbance and environmental contaminants;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population
Whereas, having formed that opinion, the Ministers recommended under subsection 80(2) of the Species at Risk Act that the Governor in Council make an emergency order;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population
Whereas measures under the Species at Risk Act are in place to protect and address the threats to the SRKW, including the prohibition in section 32 against the killing, harming, harassing, capturing or taking of an individual of an endangered species and the Critical Habitats of the Northeast Pacific Northern and Southern Resident Populations of the Killer Whale ( Orcinus orca ) Order , made in 2009, which triggered the prohibition in subsection 58(1) of the Species at Risk Act against the destruction of any part of the critical habitat of these two populations;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (a)
ished in October 2018, with publication of the proposed regulatory amendments in Part I of the Canada Gazette anticipated for winter 2020, subject to consultations, (iii) upgrades to wastewater treatment with the construction in Victoria and Vancouver of two new wastewater treatment plants expected to be operational by January 1, 2021 and a third in Vancouver expected to be operational by January 1, 2031, and (iv) research for the purpose of monitoring and measuring contaminants in the SRKW, their habitat and their main prey; and (d) with respect to all of those threats, expansion of research to inform future decision-making, including research (i) on SRKW health and condition, (ii) on the effectiveness of threat mitigations, and (iii) on the foraging success of the SRKW in known key foraging areas and on prey availability over time;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (a)
(a) with respect to prey availability, (i) fisheries closures for recreational finfish and commercial salmon fisheries in key foraging areas from June 1 to September 30, 2018, partial, varying closures in the mouth of the Fraser River from June 1 to September 30, 2018 and potential further closures at times and places to be established before the 2019 fishing season based on information available at that time, (ii) a reduction in total fishery removals for Chinook salmon of 25-35% in 2018 and potential further reductions to be established before the 2019 fishing season based on information available at that time, (iii) habitat restoration to increase Chinook productivity, (iv) aerial coverage of the SRKW and their critical habitat and increased enforcement capacity, (v) development of the Southern BC Chinook Strategic Planning Initiative (CSPI) to support the recovery and rebuilding of the Chinook salmon population, (vi) finalization of a renegotiated Chinook chapter of the Pacific Salmon Treaty , and (vii) increased hatchery production;
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (i)
(i) fisheries closures for recreational finfish and commercial salmon fisheries in key foraging areas from June 1 to September 30, 2018, partial, varying closures in the mouth of the Fraser River from June 1 to September 30, 2018 and potential further closures at times and places to be established before the 2019 fishing season based on information available at that time,
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (ii)
(ii) a reduction in total fishery removals for Chinook salmon of 25-35% in 2018 and potential further reductions to be established before the 2019 fishing season based on information available at that time,
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (iii)
(iii) habitat restoration to increase Chinook productivity,
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (iv)
(iv) aerial coverage of the SRKW and their critical habitat and increased enforcement capacity,
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (v)
(v) development of the Southern BC Chinook Strategic Planning Initiative (CSPI) to support the recovery and rebuilding of the Chinook salmon population,
Order Declining to make an Emergency Order for the protection of the Killer Whale Northeast Pacific Southern Resident Population — (vi)
(vi) finalization of a renegotiated Chinook chapter of the Pacific Salmon Treaty , and