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Criminal Code

Version of section 551.3 from 2011-08-15 to 2019-09-18:

Marginal note:Powers before evidence on merits presented

  •  (1) In performing his or her duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, may exercise the powers that a trial judge has before that stage, including

    • (a) assisting the parties to identify the witnesses to be heard, taking into account the witnesses’ needs and circumstances;

    • (b) encouraging the parties to make admissions and reach agreements;

    • (c) encouraging the parties to consider any other matters that would promote a fair and efficient trial;

    • (d) establishing schedules and imposing deadlines on the parties;

    • (e) hearing guilty pleas and imposing sentences;

    • (f) assisting the parties to identify the issues that are to be dealt with at the stage at which the evidence on the merits is presented; and

    • (g) subject to section 551.7, adjudicating any issues that can be decided before that stage, including those related to

      • (i) the disclosure of evidence,

      • (ii) the admissibility of evidence,

      • (iii) the Canadian Charter of Rights and Freedoms,

      • (iv) expert witnesses,

      • (v) the severance of counts, and

      • (vi) the separation of trials on one or more counts when there is more than one accused.

  • Marginal note:Hearing

    (2) The case management judge shall order that a hearing be held for the purpose of exercising the power referred to in paragraph (1)(g).

  • Marginal note:Power exercised at trial

    (3) When the case management judge exercises the power referred to in paragraph (1)(g), he or she is doing so at trial.

  • Marginal note:Decision binding

    (4) A decision that results from the exercise of the power referred to in paragraph (1)(g) is binding on the parties for the remainder of the trial — even if the judge who hears the evidence on the merits is not the same as the case management judge — unless the court is satisfied that it would not be in the interests of justice because, among other considerations, fresh evidence has been adduced.

  • 2011, c. 16, s. 4

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