Rule of the Court of Queen’s Bench of New Brunswick Respecting Pre-Trial Conferences Under Subsection 553.1(2) of the Criminal Code of Canada
Pursuant to section 438 of the Criminal Code a majority of the Judges of the Court of Queen’s Bench of New Brunswick present at a meeting held for the purpose at Fredericton on March 17, 1986 adopted the following rules of practice numbered 1 to 11, as attested by the signature of the Chief Justice, as a Rule of Court respecting pre-trial conferences governed by subsection 553.1(2) of the Criminal Code of Canada.
March 17, 1986
1 Where an accused is to be tried with a jury, a pre-trial conference shall be held at a time, on a date, in a place and in a manner that a judge of the court directs, or at such further dates and times as may be ordered by the judge who presides at the pre-trial conference.
2 Unless otherwise ordered, the following persons shall attend the pre-trial conference:
(a) the counsel who represents the accused at trial, or the accused, if he does not have counsel; and
(b) the prosecutor who appears at trial, or a senior counsel in charge of prosecutions.
3 The purpose of the pre-trial conference is to consider such matters as will promote a fair and expeditious trial.
4 Unless otherwise ordered, a pre-trial conference shall be an informal meeting conducted in chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties.
5 At the pre-trial conference, counsel for the accused, or the accused if he does not have counsel, and the prosecutor shall be encouraged to disclose to the judge the nature and particulars of any preliminary motion that they intend to make.
6 The presiding judge may direct that a motion referred to in rule 5 be:
(a) made in writing and heard at such time prior to the date fixed for trial as he deems fit; or
(b) heard at the outset of the trial.
7 At the pre-trial conference, counsel for the accused, or the accused if he does not have counsel, shall be encouraged to disclose to the presiding judge the nature and particulars of any matter that may arise in the course of the trial, and that would ordinarily be dealt with in the absence of the jury after it has been sworn, and the anticipated length of time that the matter would require for hearing.
8 The trial judge may direct that a matter referred to in rule 7 be dealt with:
(a) before any juror on a panel of jurors is called, at such date and time as the judge deems fit; or
(b) in the absence of the jury after it has been sworn.
9 A judge conducting a pre-trial conference shall, on its completion, endorse the indictment or a true copy thereof as to the date the pre-trial conference was held.
10 Nothing in these Rules shall be interpreted so as to preclude the court from conducting other informal pre-trial conferences in addition to the conference provided for in subsection 553.1(2), on such terms as the judge deems fit.
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