Marginal note:Hearing

 The hearing of the application shall be conducted as a voir dire whether it is heard before or after the commencement of the trial.

Marginal note:Timely notice

 Nothing in this Part shall be interpreted as derogating from the right of the accused to make an application at any point in the trial, but the failure to give timely notice for such an application may be taken into account by the judge in determining

  • (a) whether to hear the application forthwith or to adjourn the trial to hear it; and

  • (b) on what terms the judge will hear the application.

PART 14Pre-trial Conferences

Marginal note:Pre-trial conference
  •  (1) Where an accused is to be tried before a jury, a pre-trial conference shall be held in accordance with subsection 625.1(2) of the Code at the time, on the date, in the place and in the manner that a judge directs, or on such further dates and at such further times as may be ordered by the judge who presides at the pre-trial conference.

  • (2) A judge may direct that a pre-trial conference must be held in any non-jury case.

Marginal note:Purpose of pre-trial conference

 The purpose of a pre-trial conference is to consider such matters as will promote a fair and expeditious trial or other resolution of the case.

Marginal note:Appearance at pre-trial conference

 The following shall be present at a pre-trial conference:

  • (a) the prosecutor, fully briefed in respect of the issues to be discussed at the pre-trial conference; and

  • (b) counsel for the accused, fully briefed in respect of the issues to be discussed at the pre-trial conference or, where the accused is not represented by a solicitor, the accused.

Marginal note:Pre-trial conference report
  •  (1) Before the pre-trial conference, the prosecutor and counsel for the accused shall jointly prepare a pre-trial conference report in Form 6 of the schedule to be presented to the pre-trial conference judge.

  • (2) Where the accused is unrepresented, the prosecutor shall complete the pre-trial conference report in Form 6 of the schedule indicating in it what he or she anticipates the issues will be at trial.

Marginal note:Informal meeting

 Unless otherwise ordered by the pre-trial conference judge, a pre-trial conference shall be an informal meeting conducted in private chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings taking place after the conference.

Marginal note:Where accused appears in person

 Where the accused is unrepresented or appears in person at the pre-trial conference, the conference shall be conducted in chambers with the Clerk and court reporter in attendance.

Marginal note:Use of admissions at trial

 No admissions made by an accused or counsel for an accused at the pre-trial conference may be used against the accused at the trial unless the admissions are reduced to writing and signed by the accused or his or her counsel.

Marginal note:Anticipated evidence

 At the pre-trial conference, the prosecutor shall give a synopsis of the anticipated evidence at the trial and any legal issues arising from that evidence.

Marginal note:Disclosure by defence
  •  (1) While the accused is not required to make disclosure of its case, in a case where the accused intends to call evidence, it is expected that sufficient information will be disclosed for the prosecutor to understand what the substance of the defence case will be.

  • (2) Without limiting the generality of subrule (1), the accused is expected to disclose particulars respecting the following:

    • (a) an alibi defence, including the names of any witnesses to the alibi, if not previously disclosed;

    • (b) a defence of not criminally responsible on account of mental disorder; and

    • (c) an expert report or anticipated expert evidence relating to an issue in the trial.

Marginal note:Information judge may require

 Without restricting the generality of these Rules, the pre-trial conference judge may inquire as to any of the following:

  • (a) the extent of disclosure made by the prosecutor and any further requests for disclosure by an accused;

  • (b) the nature and particulars of any application to be made either at the outset of the trial before the selection of the jury or, in the absence of the jury, after the jury has been sworn;

  • (c) the possibility of resolution of any or all issues in the proceeding, including the possible disposition of any or all counts contained in the indictment whether by plea of guilty or otherwise;

  • (d) the simplification of those issues that remain to be contested at trial;

  • (e) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceeding;

  • (f) the estimated duration of the trial;

  • (g) the necessity for interpretation services for the trial; and

  • (h) any other matter that may assist in promoting a fair, just and expeditious trial.

Marginal note:Direction of judge respecting application

 The pre-trial conference judge may direct that any application

  • (a) be made in writing;

  • (b) be heard at such time before the date fixed for trial as the judge considers appropriate;

  • (c) be heard at the outset of the trial; or

  • (d) be heard in the absence of the jury after it has been sworn.

Marginal note:Endorsement on indictment

 The pre-trial conference judge, on completion of the conference, shall endorse the indictment or a true copy of the indictment as to the date the pre-trial conference was held.

Marginal note:On completion of pre-trial conference
  •  (1) The pre-trial conference judge, on completion of the conference, may

    • (a) complete a memorandum as to the discussions held and the results of the conference, and a copy of any such memorandum shall be placed on the court file and given to the prosecutor and counsel for the accused or the accused if he or she is acting personally; or

    • (b) endorse a copy of the pre-trial conference report submitted by the parties if the report accurately reflects the substance and outcome of the conference.

  • (2) The contents of a memorandum or pre-trial conference report shall not be published or broadcast except by leave of the pre-trial conference judge.

Marginal note:Other conferences
  •  (1) Nothing in this Part shall be interpreted so as to preclude the Court from conducting other informal pre-trial conferences, in addition to the conference required by subsection 625.1(2) of the Code, on such terms as the judge considers fit.

  • (2) The accused or the prosecutor may request that a further pre-trial conference be held.

PART 15Challenges for Cause

Marginal note:Challenge for general lack of indifference

 Where the accused or the prosecutor seeks, pursuant to paragraph 638(1)(b) of the Code, to challenge for cause every member of a jury panel on the basis of a general lack of indifference, the applicant shall file and serve a notice of motion in Form 1 of the schedule not less than seven days before the date fixed for selection of a jury for the trial.

Marginal note:Application
  •  (1) The application must be supported by an affidavit of or on behalf of the applicant setting out with particularity the grounds for the challenge and the proposed questions to be put to each prospective juror.

  • (2) The application shall be heard by the trial judge in the absence of the jury panel.

Marginal note:Questions to members of jury panel
  •  (1) If the application is granted, the judge shall specify the form of each question to be put to each prospective juror and who shall ask the questions.

  • (2) Each member of the jury panel shall be questioned in the presence of the accused and the triers but in the absence of the remainder of the members of the jury panel, who shall be kept in a separate room.

  • (3) The trial judge may, in his or her discretion, permit counsel to make submissions to the triers.

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