Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

29.01 This rule is made under the authority of s. 482.1(1) of the Code.

• 29.02 (1) The Regional Senior Judge, or a judge designated by him or her, on the recommendation of the pre-trial conference judge or otherwise, may assign a case supervision judge to any case to be tried or otherwise determined in the Region.

• (2) In considering whether to assign a case supervision judge to any proceeding, the Regional Senior or designated judge shall take into account all the relevant circumstances, including, but not limited to:

  • (a) the recommendation of the pre-trial conference judge;

  • (b) the purpose of case supervision;

  • (c) the complexity of the proceeding, including issues of fact and law involved in any pre-trial applications;

  • (d) the importance to the parties and the administration of justice of the issues of fact and law raised in the proceedings;

  • (e) the number of parties involved in the proceedings and whether all parties are represented by counsel;

  • (f) the number of proceedings involving the same or related parties;

  • (g) the nature and extent of intervention by the case supervision judge that the proceedings are likely to require;

  • (h) the time reasonably required for any pre-trial applications in the proceedings;

  • (i) the time reasonably required for completion of the proceeding;

  • (j) the number of witnesses likely to testify in the proceeding; and,

  • (k) any other factors that the judge considers relevant.

29.03 The case supervision judge may designate personnel of the court to deal with administrative matters relating to proceedings out of court, provided any accused affected by those matters is represented by counsel.

29.04 The case supervision judge may schedule and convene a case supervision conference from time to time, on his or her own initiative or at the request of a party, to ensure efficient case supervision and the orderly and expeditious conduct of the proceedings.

• 29.05 (1) Unless otherwise ordered by the case supervision judge, counsel of record for each accused, or if the accused is self-represented, the accused, and the prosecutor assigned to conduct the proceedings shall attend the case supervision conference, be fully acquainted with the factual and legal issues likely to arise at the conference and be in a position to make decisions that bind the party during the proceedings.

• (2) Unless otherwise ordered by the case supervision judge, an accused who is represented by counsel who has completed a Designation of Counsel in Form 18 is not required to attend a case supervision conference.

• (3) The case supervision judge may require that an accused represented by counsel and an investigating officer be present or available for consultation at the case supervision conference.