GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 7.08
Remote Conferencing 7.08 (1) A judge may, if requested by one or more of the parties, direct that a conference be held wholly or partly by telephone conference call, video conference or any other form of electronic communication acceptable to the judge. (2) Where there is a request to conduct a conference by telephone conference call, video conference or any other form of electronic communication, the judge may direct a party to make the necessary arrangements on such terms as are just and to give notice of those arrangements to all other parties and to the court.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.01
Purpose of Resolution Conferences 8.01 (1) A resolution conference is a meeting of the parties to fully and freely discuss, with judicial assistance, the possibility of the resolution of a case or one or more issues of fact or law and to expedite plea agreements. (2) All discussions at a resolution conference shall remain confidential and without prejudice and shall not be referred to in subsequent applications or at the trial, except as ordered by a judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.02
Time for Conducting Resolution Conferences 8.02 (1) Unless otherwise ordered, a resolution conference ordered pursuant to rule 6.02(2) shall be held within 60 days following the day the indictment was filed with the court. (2) Once the resolution conference has commenced, any party may withdraw at any time whereupon the resolution conference shall be terminated.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.03
Scheduling Resolution Conferences 8.03 (1) The date and time for the resolution conference shall be set by a judge at arraignment court. (2) The judge at arraignment court shall consider whether a resolution conference is appropriate and accordingly either: (a) set a date and time for a resolution conference; or (b) dispense with the requirement to hold a resolution conference. (3) A joint request for a particular judge to preside over the resolution conference may be made to a registry clerk and, if practicable, that judge will be assigned.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.04
Documents to be Filed before Resolution Conferences 8.04 (1) The prosecutor shall serve on the accused and file with the court at least seven days prior to the date of the resolution conference: (a) a concise statement of facts which the prosecutor reasonably believes the Crown is able to prove; (b) a list of mitigating and aggravating facts that remain in issue; (c) a list of issues to be discussed at the resolution conference; (d) the criminal record of the accused, if any; (e) a copy of any expert reports that will be relied on by the prosecutor as part of its case or, if the reports are not then available, a statement of the experts consulted and an indication of the nature of the opinion that will or may be given; and (f) the position of the prosecutor with respect to disposition. (2) Each counsel shall serve on the prosecutor and, unless otherwise ordered, on every other accused and file with the court at least three days prior to the date of the resolution conference: (a) a concise statement of any facts which the accused is, for the purpose of discussion at the resolution conference, prepared to acknowledge; (b) a list of any additional issues for discussion at the resolution conference that are not included in the prosecutor’s list; and (c) a copy of any expert reports that may be relied on by the accused or, if the reports are not then available, a statement of the experts consulted and an indication of the nature of the opinion that will or may be given. (3) At the same time the party files his or her materials under subrules (1) or (2), a party may also file with the court a legal brief containing a concise analysis of the law in support of that party’s position. (4) Unless otherwise ordered, an accused who is not represented by counsel is not required to file the materials set out in subrule (2).
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.05
Procedure at Resolution Conferences 8.05 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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.06
Role of the Judge 8.06 (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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.07
Procedure at the End of the Resolution Conference 8.07 (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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.08
Summary of Issues Resolved 8.08 (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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 8.09
Resolution Conference Judge shall not be the Trial Judge 8.09 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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.01
Purpose of Pre-Trial Conferences 9.01 (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.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.02
Pre-Trial Conference held within 90 days 9.02 (1) In any matter not ordered to be subject to case management, a pre-trial conference shall be held within 90 days of the day on which the indictment was filed with the court, unless a judge orders otherwise. (2) For greater certainty, subrule (1) shall not be read to limit the number of pre-trial conferences which may be held in a proceeding.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.03
Scheduling Pre-Trial Conferences 9.03 (1) Subject to subrule (2), the judge in arraignment court shall set a date for a pre-trial conference in accordance with rule 9.02. (2) If a date for a pre-trial conference is set before the proceeding is ordered to be subject to case management, a pre-trial conference scheduled under subrule (1) shall be converted to a case management conference and shall be governed by rule 10. (3) A date for a subsequent pre-trial conference may be set by a judge in arraignment court or by a registry clerk following an informal request to the Registry.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.04
Documents to be Filed before Pre-Trial Conferences 9.04 (1) The prosecutor and counsel for the accused shall jointly prepare a Pre-Trial Report in CR Form 9.04 in accordance with this rule. (2) Where there are co-accused, the prosecutor may prepare a separate Pre-Trial Report with counsel for each co-accused. (3) The prosecutor shall complete the applicable sections of the Pre-Trial Report and serve it on the accused or his or her counsel, as the case may be, at least seven days prior to the pre-trial conference. (4) Counsel for the accused shall complete the applicable sections of the Pre-Trial Report delivered by the prosecutor and serve the completed report on the prosecutor and any other accused and shall file it with the court at least three days prior to the pre-trial conference. (5) Where the parties are unable to agree on the contents of the Pre-Trial Report, they shall outline the points of difference between them in the report and nevertheless sign and file it. (6) Where a pre-trial conference is enlarged or rescheduled after the filing of a Pre-Trial Report, the parties must prepare a new Pre-Trial Report in accordance with this rule or certify to the Court that there is no change to the information or positions as set out in a previously filed Report. (7) Unless otherwise ordered, an accused who is not represented by counsel is not required to complete the applicable sections of the Pre-Trial Report and in such a case, the prosecutor shall file the partially completed Pre- Trial Report with the court at least three days prior to the pre-trial conference. (8) Notwithstanding rule 7.04(5), at the end of the pretrial conference, the Pre-Trial Report shall be placed in the court file in a sealed envelope and access to the report shall be restricted to parties and those judges dealing with the matter.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.05
Procedure at Pre-Trial Conferences 9.05 (1) A judge who presides at a pre-trial conference may, at his or her discretion, grant leave to a party to file an application and direct that an anticipated application be heard prior to the date fixed for trial, at such time and date as the judge deems fit or at such other time and date as may be convenient. (2) The judge who presides at a pre-trial conference may make such other orders as the judge considers necessary and appropriate in order to promote a fair, just and expeditious pre-trial conference and trial having regard to all the circumstances. (3) At the end of the pre-trial conference, the judge who presides at the pre-trial conference shall endorse on a copy of the indictment the date upon which the pre-trial conference was held.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.06
Report of Pre-Trial Conference 9.06 (1) After the pre-trial conference, the presiding judge shall prepare and file a report outlining any agreement reached during the conference and provide a copy of the report to the prosecutor and the accused. (2) Before the report in subrule (1) is filed, it shall be sealed in an envelope and access to the report shall be restricted to parties and those judges dealing with the matter.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.07
Pre-Trial Conference Judge may be the Trial Judge 9.07 The pre-trial conference judge is not precluded from being the trial judge in the proceeding by virtue of being the pre-trial conference judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 9.08
Location of Trial 9.08 (1) Unless a judge orders otherwise, the trial of a proceeding shall be held in the judicial centre where the indictment was filed. (2) Nothing in these Rules precludes the hearing of (a) the trial of a proceeding; (b) an application in relation to a proceeding; or (c) an application for review of a detention order under Rule 14, in any location outside a judicial centre.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.01
Purpose 10.01 The purpose of case management is to provide a level of management and direction for selected proceedings with respect to pre-trial procedures and preparation for trial that is more organized, coordinated and focused than what would be normally applicable to cases proceeding from indictment to trial.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.02
Order for Case Management 10.02 A judge, on application or on his or her own motion, may make a case management order in any case if the judge is of the view that the case would benefit from case management.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.03
When Mandatory 10.03 Unless otherwise ordered, a case shall be case managed if: (a) there are multiple accused and multiple counsel involved; (b) an accused is charged with more than six offences; (c) the trial is anticipated to take more than 5 days to try; (d) an accused is charged with an offence under sections 235, 236 or 239 of the Code; (e) the case will likely be tried by a jury; (f) an accused is charged with conspiracy to commit an offence under sections 5, 6 or 7 of the Controlled Drugs and Substances Act (Canada); (g) the case may require the coordination of the hearing of a number of pre-trial applications; (h) the number of exhibits likely requires pre-trial organization and management; (i) an accused is not represented by counsel; or (j) the number of expert witnesses at trial is likely to exceed six.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.04
Factors to be Considered 10.04 In considering whether the case should be assigned to case management under rule 10.02, all the relevant circumstances of the case shall be taken into account, including, but not limited to: (a) the purpose of case management; (b) the complexity of the proceeding, including the issues of fact and law involved in any pre-trial applications; (c) the number of parties involved in the proceeding; (d) the number of proceedings involving the same or related parties; (e) the nature and extent of intervention by the case management judge that the proceeding is likely to require; (f) the time reasonably required for any pre-trial applications; (g) the time reasonably required for completion of the proceeding; and (h) the number of witnesses likely to testify in the proceeding.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.05
First Case Management Conference 10.05 (1) On receipt of an order that the case shall be case managed, a registry clerk shall: (a) request the Chief Justice to assign a case management judge; and (b) schedule a case management conference, where one has not been scheduled in accordance with rule 9.03(2). (2) The parties shall prepare a Pre-Trial Report in CR Form 9.04 before the first case management conference and rule 9.04 applies to the case management conference with any necessary modifications.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.06
Case Management Generally 10.06 (1) Except in special circumstances, the designation of a case management judge shall be made in rotation from a roster of judges maintained for the purpose by the Chief Justice. (2) All subsequent applications and other steps taken in the proceeding shall be brought to the attention of the case management judge. (3) All subsequent documents in a proceeding in respect of which a case management order has been made shall include the words immediately below the title of proceeding “A CASE-MANAGED PROCEEDING BEFORE JUSTICE” followed by the name of the case management judge assigned to that proceeding. (4) At any time following the appointment of a case management judge, the Chief Justice may substitute another judge for the case management judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.07
Subsequent Case Management Conferences 10.07 (1) The case management judge may schedule and convene a case management conference from time to time, on his or her own initiative or at the request of a party, to ensure efficient case management and the orderly and expeditious conduct of the proceeding. (2) Requests by a party for a case management conference shall be in writing and must indicate the issues to be discussed during the case management conference. (3) The case management judge may direct that parties prepare a Pre-Trial Report in CR Form 9.04 before any case management conference and, where the case management judge so orders, rule 9.04 applies to the case management conference with any necessary modifications.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.08
Attendance at Case Management Conferences 10.08 The case management judge may require that an accused who is represented by counsel be present or available for consultation at the case management conference.