Wednesday, March 20, 2013

Pre-hearing conferences in criminal cases

R. v. Nguyen, 2013 ONCA 169 discusses pre-hearing conferences in criminal matters :

Pre-Hearing Conferences and their Use

[53] Section 625.1(1) of the Criminal Code authorizes pre-hearing conferences to be held before trial or other proceedings (for example, a preliminary inquiry) “to consider the matters that, to provide a fair and expeditious hearing, would be better decided before the start of the proceedings and other similar matters”. Where a case is set to be tried by a court composed of a judge and jury, a pre-hearing conference “to consider any matters that would promote a fair and expeditious trial” is mandatory under s. 625.1(2).

[54] Pre-hearing conferences are an essential feature of our criminal procedure. Whether required by s. 625.1(2) or permitted by s. 625.1(1), pre-hearing conferences are and have proven to be an invaluable ally in the struggle to promote a fair and efficient criminal trial process. The conferences are of particular assistance in complex cases involving multiple accused and counts arising out of lengthy investigations where investigative procedures are likely to be tested for Charter compliance. Pre-hearing conferences, particularly where proceedings follow a lengthy investigation, sometimes add several weeks to the intake period in a case, but may well result in an earlier trial date, a shorter and more focused trial, or a reduction in the number of counts and accused going to trial. The time required to schedule, prepare for, and conduct pre-hearing conferences should be considered an inherent time requirement of the case, both generally and specifically for the purposes of a s.11(b) analysis: Khan, at para. 53; Tran, at paras. 36-37; and Cranston, at para. 46.

[55] As mentioned earlier, s. 625.1 of the Criminal Code permits and, in some cases, stipulates pre-hearing conferences between the prosecutor and the accused or counsel for the accused. In cases to be tried by a judge sitting alone, pre-hearing conferences are discretionary and may be requested by the prosecutor, the accused, or on the motion of a judge of the court. The conferences are held prior to the proceedings (whether a trial or a preliminary inquiry) and are presided over by a judge of the court. At the conference, the participants are required to consider anything that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings.

[56] The case management judge may help the parties to identify the issues to be resolved at the various stages of our criminal procedure and the nature and extent of the evidence required for the resolution of those issues.

[57] The case management judge may help the parties to make admissions and reach agreements about uncontroversial issues, thereby reducing the length and complexity of contested proceedings.

[58] The case management judge may hear guilty pleas and impose sentences on various participants, thus reducing the number of accused and counts that must proceed to trial. For those remaining, the case management judge may assist in making arrangements for tiered prosecutions, hearings to determine issues common to several accused, and, in general, setting a schedule for filing materials and argument on issues that remain outstanding.[1]

[59] Pre-hearing and case management conferences are justified and necessary tools in busy judicial centres designed to ensure effective and efficient use of available court resources and to protect not only the Charter rights of the persons charged, but also society’s interest in determining allegations of serious criminality and their merits: Tran, at para. 34; and Khan, at para. 82.

[60] To conclude this discussion of pre-hearing conferences, I emphasize that barring cause to do so, courts tasked with deciding whether an accused’s rights under s. 11(b) have been infringed should be slow to second-guess the need for or number of such conferences.

[61] Large, complex prosecutions involving multiple accused and counts require concerted efforts on the part of investigators and prosecutors to ensure timely disclosure and trial. Amongst those charged, the involvement of some will be less than others: peripheral not central, discrete, perhaps disconnected from the principals and the core of the case. In some instances, the minor players can be tried separately, efficiently, and more expeditiously. But these decisions about how to proceed, against whom, upon what charges, and on what evidence, for that matter, whether or when to do so or to withdraw charges, are contingent upon interdependent circumstances and factors far removed from the knowledge of presiding judges. Courts should be hesitant to scrutinize the Crown’s decisions absent clear reason to do so: Khan, at para. 30.

[62] Finally, an accused, by agreement or other conduct, may waive his or her rights to complain about delay in whole or in part. Waiver can be explicit or implicit, but must be clear and unequivocal, made with full knowledge of the rights the procedure was enacted to protect and of the effect the waiver will have on those rights: Morin, at p. 790. To be implicit, there must be something in the conduct of the accused sufficient to support an inference that the accused has understood that she or he has the right to be tried within a reasonable time, understood the nature of that right, and has waived it: Morin, at p. 790. Conduct falling short of waiver may nonetheless be relevant to the s. 11(b) analysis as “actions of the accused”: Morin, at p. 790.


Anonymous said...

Howdy juѕt wanted to giνe you a brіef hеads
up anԁ lеt уou know а few of thе images aгеn't loading properly. I'm nоt suгe
ωhy but I think its а linkіng issuе.
I've tried it in two different web browsers and both show the same outcome.

Anonymous said...

What i do not understood is in truth how you are not actually much more smartly-appreciated than you
might be now. You're very intelligent. You already know thus significantly when it comes to this matter, produced me for my part imagine it from so many various angles. Its like men and women are not involved unless it's one thing to do with Lady gaga!
Your individual stuffs outstanding. At all times take care of it up!

Here is my page weblink

Anonymous said...

Hello, i believe that i noticed you visited my blog thus i came to return the
prefer?.I'm attempting to to find things to enhance my website!I guess its adequate to make use of a few of your ideas!!

Here is my site: bmi chart male

Anonymous said...

Vегy quiсkly this ѕitе ωill be
famous amid аll blogging visitorѕ, duе to іt's pleasant articles 1

Anonymous said...

Appreciation to my father who shared with me concerning this weblog, this webpage is genuinely remarkable.

Also visit my blog :: bmi chart

Anonymous said...

Iím not that much of a online reader to be honest but your sites
really nice, keep it up! I'll go ahead and bookmark your website to come back in the future. All the best

My web blog; analogue tv signal

Anonymous said...

Can I just say what a relief to find somebody that
really knows what they're discussing online. You definitely realize how to bring a problem to light and make it important. More people ought to read this and understand this side of your story. It's
surprising you are not more popular given that you definitely have the gift.

Look into my weblog: raspberry ketones

Anonymous said...

Gucci, conclude from and utri:,[url=][b]イタリアの質の表現[/b][/url]
is a Italy aspect etiquette manufacturer, in 1921 by Guchio Gucci Florence was founded in. Gucci products including invent, leather goods, shoes, watches, ties, scarves, essence, home furnishing supplies and preferred supplies, Chinese conversion of GUCCI, gucci. GUCCI has on all occasions been to high-end model stamp, de luxe, erotic and meritorious, "the top of pre-eminence and plenteousness to" class grace bountiful consumer culture pretty, business people would rather in any action been favored, stylish do not splinter decorous. GUCCI is things being what they are Italy's largest style group.
I if you conclude no, from one day to time children's clothing to hawk more expensive, again hundreds of thousands of yuan.[url=][b]グッチ トート[/b][/url]
, Not just that, the largest grown-up lines of the broad top-notch nerve brands, such as Hermes (Hermes), Dior (Dior), Burberry (Baboli), Gucci (Gucci), also began to watch down the kids to do work, launched not children's children. Illustration, sacrifice the youngster what to adopt is a mystery of parents, as extended as you don't plant off d pour out yourself in the pecuniary assert upon of noteworthy mountain line. But the children's education experts from said: tucker in grandeur clothing noxious apathetic log on undivided's sunday vanquish clothes instead of a babe to reach, to commodities two thousand or three thousand yuan
A of toll 3000 yuan GUCCI Shoes Coal-black 20 pairs of supernatural socks, consumer claims, businesses have in it claimed that dark leather dyeing is a everyday[url=][b]ブランド 通販[/b][/url]
event, and suggested that consumers doggedness fraying occult socks. A feeble boot, some anon a punctually ago again exposed in customer employ amenities damages loopholes. In hip days, this gentleman conducted an interview on the grouse tracking parties, CC, statutory inspection agencies and other applicable institutions experts be struck beside also for complaints gives the corresponding advice. The main half of 3380 yuan to suborn the GUCCI Shoes Sooty 20 pairs of waxen socks.
[url=][b]MCM 財布[/b][/url]
[url=][b]プラダ アウトレット[/b][/url]
[url=][b]レディース バッグ ブランド[/b][/url]
[url=][b]MCM 長財布[/b][/url]

Anonymous said...

When someone writes an paragraph he/she maintains the thought of a user in
his/her mind that how a user can be aware of it.
So that's why this post is great. Thanks!

Also visit my web site ... diet that works