Vol. 150, No. 13 — June 29, 2016

Registration

SI/2016-34 June 29, 2016

CRIMINAL CODE

Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench

The Manitoba Court of Queen’s Bench, pursuant to subsections 482(1) (see footnote a) and (3) (see footnote b) and section 482.1 (see footnote c) of the Criminal Code (see footnote d), makes the annexed Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench.

Winnipeg, June 7, 2016

Glenn D. Joyal
Chief Justice

TABLE OF PROVISIONS

Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench

PART 1

General Matters

Rule 1 — Definitions, Application and Interpretation

Definitions

1.01 Definitions

Application

1.02 Application of rules

Interpretation

1.03 General principle

1.04 Application of Code provisions

Rule 2 — Non-compliance with Rules

2.01 Dispensing with compliance

2.02 Dismissal of motion or application

2.03 Costs ordered if non-compliance

Rule 3 — Time

3.01 Deemed undertaking by counsel and prosecutor

3.02 Computation of time

3.03 General powers of Court

Rule 4 — Venue

4.01 Venue for commencement of proceeding

4.02 Ease of access to judicial centre

4.03 Judicial centre for hearing

4.04 Application to change venue

4.05 No effect on validity of proceeding

Rule 5 — Court Documents

Filing of Documents

5.01 Manner and date of filing

5.02 Refusal by registrar

Forms

5.03 Forms

Paper and Format Requirements

5.04 Paper and format requirements

5.05 Covering page

5.06 Covers for briefs, factums and books of authorities

Motion Briefs or Application Briefs

5.07 Contents of brief

Appeal Factums

5.08 Contents of factum

Books of Authorities

5.09 Contents of authorities

Orders

5.10 Form and contents

Rule 6 — Court “B” Files

6.01 Establishment of “B” files

6.02 Access by parties

Rule 7 — Service of Documents

General Rules for Manner of Service

7.01 General service rule

7.02 Personal service

7.03 Other than personal service

7.04 Service on counsel

7.05 Service by mail

Substituted Service or Dispensing with Service

7.06 Court order

If Document Does Not Reach Person Served

7.07 Motion

Validating Service

7.08 Order for validating service

Proving Service

7.09 Evidence for proof of service

Rule 8 — Transcripts

8.01 Transcript of evidence

PART 2

Judicial Interim Release

Rule 9 — Applications for Judicial Interim Release

9.01 Application of Part

9.02 Notice of application and supporting materials

9.03 Materials for use on application

9.04 Brief not required

PART 3

Case Management

Rule 10 — Assignment Court

10.01 Filing of indictment

10.02 Assignment court

Rule 11 — Resolution Conferences

11.01 Application

11.02 Duties of resolution conference judge

11.03 Brief required

11.04 Application of pre-trial rules to resolution conferences

11.05 Memorandum by resolution conference judge

11.06 Steps after resolution conference

Rule 12 — Pre-trial Conferences

12.01 Application

Pre-trial Conference Briefs

12.02 Brief filed by prosecutor

12.03 Filing and service by accused

12.04 Change of position

Pre-trial Conferences

12.05 Self-represented accused

12.06 Attendance at pre-trial conference

12.07 Inquiries by pre-trial conference judge

12.08 Memorandum by pre-trial conference judge

12.09 Scheduling further proceedings

12.10 Maximum number of pre-trial conferences

Rule 13 — Case Management Conferences

13.01 Application

13.02 Case management judge

13.03 Briefs required

13.04 Scheduling further proceedings

13.05 Memorandum by case management judge

13.06 Change of position

PART 4

Pre-trial Proceedings and Trial Readiness

Rule 14 — Motions and Applications

14.01 Application

14.02 Notice of motion

14.03 Contents of notice of motion

14.04 Filing and serving motion record and supporting materials

14.05 Briefs required

14.06 Cross-examination on affidavits

Rule 15 — Constitutional Issues

15.01 Application

15.02 Notice of motion

15.03 Contents of notice of motion

15.04 Timing of hearing of motion

15.05 Filing and serving affidavit and other documents

15.06 Applicant’s brief and book of authorities

15.07 Interventions

Rule 16 — Applications to Exclude Evidence Under the Charter

16.01 Applications

16.02 Contents of notice of motion

16.03 Requirements set by judge

16.04 Applicant’s motion record

Rule 17 — Trial Readiness

17.01 Confirmation of trial readiness

17.02 Judge’s direction

PART 5

Dangerous and Long-term Offenders

Rule 18 — Applications

18.01 Pre-hearing conference required

18.02 Prosecutor’s pre-hearing conference report

18.03 Offender’s pre-hearing conference report

PART 6

Extraordinary Remedies

Rule 19 — Applications for Extraordinary Remedies

19.01 Application

Notice of Application and Service

19.02 Notice of application

19.03 Review of order

19.04 Service of application

Required Documents, Brief and Book of Authorities

19.05 Documents required

19.06 Applicant’s brief and book of authorities

19.07 Respondent’s brief and book of authorities

PART 7

Summary Conviction Appeals and Stays Pending Appeal

Rule 20 — Summary Conviction Appeals

Notice of Appeal

20.01 Appeal by prosecutor or defendant

20.02 Address for service

20.03 Notifying Court of changes

20.04 Serving notice of appeal

Transcripts

20.05 Transcripts

20.06 Transcripts — appeal against sentence

Appearance in Assignment Court

20.07 Date of appearance

20.08 Time limits for filing documents

20.09 Failure to appear

Appeal Book

20.10 Filing of appeal book by prosecutor

20.11 Contents of appeal book

20.12 Access to trial court records

20.13 Filing of supplementary appeal book

Factums and Books of Authorities

20.14 Requirements

Abandoning Appeal

20.15 Notice of abandonment

Application for Trial De Novo

20.16 Notice of motion

Readiness for Hearing

20.17 Conditions

Failure to File

20.18 Appellant

20.19 Respondent

Failure to Appear

20.20 Appellant

20.21 Respondent

Rule 21 — Stays Pending Appeal

21.01 Application

21.02 Notice of motion

21.03 Affidavits

21.04 Service

21.05 Order

Repeal

22.01

Coming into Force

23.01 October 1, 2016

SCHEDULE

FORM 1
COVERING PAGE

FORM 2
ORDER

FORM 3
NOTICE OF APPLICATION

FORM 4
PRE-TRIAL CONFERENCE BRIEF
FORM 5
NOTICE OF MOTION

FORM 6
TRIAL READINESS REPORT

FORM 7
PRE-HEARING CONFERENCE REPORT FOR DANGEROUS OR LONG-TERM OFFENDER APPLICATION
FORM 8
NOTICE OF APPEAL

FORM 9
NOTICE OF ABANDONMENT

Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench

PART 1

General Matters

Rule 1 — Definitions, Application and Interpretation

Definitions

Definitions

1.01 The following definitions apply in these rules.

appeal means an appeal from a decision of a summary conviction court under Part XXVII of the Code. (appel)

assignment court means the sitting of the Court when trial and pre-trial proceedings are scheduled for hearing. (audience de fixation du rôle)

Charter means the Canadian Charter of Rights and Freedoms. (Charte)

Code means the Criminal Code. (Code)

counsel means the counsel of record or counsel specifically authorized to act on behalf of the counsel of record. (avocat)

Court means the Court of Queen’s Bench of Manitoba. (Cour)

holiday includes any day that the Court office is closed. (jour férié)

judge means a judge of the Court. (juge)

pre-trial conference has the same meaning as a pre-hearing conference referred to in section 625.1 of the Code. (conférence préparatoire)

proceeding includes a trial, application, appeal or other process arising from or incidental to the prosecution of an offence under the Code. (instance)

summary conviction appeals assignment court means the sitting of the Court when summary conviction appeals are scheduled for hearing. (audience de fixation du rôle des appels d’une déclaration de culpabilité par procédure sommaire)

Application

Application of rules

1.02 These rules are enacted under subsection 482(1) of the Code and apply to proceedings that are within the jurisdiction of the Court.

Interpretation

General principle

1.03 (1) These rules are intended to provide for the just determination of every proceeding and must be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

Matters not provided for

(2) If matters are not provided for in these rules, the practice must be determined by analogy to them.

Self-represented accused

(3) If an accused is self-represented, anything that these rules require or permit counsel to do must be done by the accused, except if these rules provide otherwise.

Application of Code provisions

1.04 The interpretation sections of the Code apply to these rules, except if these rules provide otherwise.

Rule 2 — Non-compliance with Rules

Dispensing with compliance

2.01 A judge may dispense with compliance with a rule only if it is, and to the extent that it is, necessary in the interests of justice.

Dismissal of motion or application

2.02 If an applicant has failed to comply with the rules respecting the filing of a document in support of a motion or application, the motion or application must not be heard unless the presiding judge grants leave, after taking into account all the circumstances of the case, including

• (a) the nature of the applicant’s non-compliance with these rules;
• (b) any explanation advanced for failing to comply with these rules;
• (c) the apparent merits of the motion or application as reflected in any materials filed and any submissions made in the proceeding;
• (d) any notice given to the other parties about the issues raised in the motion or application and the right of those parties to have a reasonable opportunity to respond to the issues raised by the applicant; and
• (e) the history of the proceedings and the need for an expeditious determination of pre-trial motions and applications and the orderly conduct of trial proceedings.

Costs ordered if non-compliance

2.03 (1) The Court may order costs, payable by counsel personally, if counsel has failed, without reasonable excuse, to comply with these rules, having regard to the factors set out in rule 2.02.

Costs payable to government

(2) If the Court orders that counsel pay costs for non-compliance, they are payable to the Minister of Finance for Manitoba.

Rule 3 — Time

Deemed undertaking by counsel and prosecutor

3.01 Counsel for the accused and the prosecutor assigned to a case are each deemed to undertake to comply with all time limits that are set by a pre-trial judge, case management judge or another judge.

Computation of time

3.02 Unless the context requires otherwise, the computation of a time limit prescribed by these rules or imposed by a judge is to be done in the following manner:

• (a) if there is a reference to a number of clear days or “at least” a number of days between two events, both the day on which the first event happens and the day on which the second event happens are excluded;
• (b) if a period of less than seven days is prescribed, any holidays that fall during that period are excluded; and
• (c) if the time for the doing of an act expires on a holiday, the act may be done on the next day that is not a holiday.

General powers of Court

3.03 (1) The Court may, by order, extend or abridge any time limit prescribed by these rules or imposed by a judge, on any terms that it considers just.

Application to extend time

(2) An application for an order extending a time limit may be made before or after the expiry of the time limit.

Rule 4 — Venue

Venue for commencement of proceeding

4.01 Subject to rule 4.02, a proceeding must be commenced in the judicial centre nearest to the place where the cause of the proceeding arose.

Ease of access to judicial centre

4.02 Ease of access from the place where the cause of the proceeding arose to a judicial centre is to be a factor in a decision as to which centre is the nearest.

Judicial centre for hearing

4.03 A proceeding must be heard in the judicial centre in which it is commenced unless the Court orders otherwise.

Application to change venue

4.04 An application to change the venue of a trial from the judicial centre where the proceeding was commenced to another judicial centre is to be governed by the change of venue provisions of the Code.

No effect on validity of proceeding

4.05 The validity of a proceeding is not affected solely by a failure to comply with rule 4.01 or 4.03, but the Court may, on an application or on its own motion, transfer the proceeding to the appropriate judicial centre or make any other order that it considers just.

Rule 5 — Court Documents

Filing of Documents

Place of filing

5.01 (1) All documents that are required to be filed in a proceeding must be filed with the court office in the judicial centre at which the proceeding was commenced, except if they are filed in the course of a hearing.

Manner of filing

(2) Any document may be filed by leaving it in, or mailing it to, the court office, accompanied by any prescribed fee.

Date of filing

(3) A document that is filed by mail is deemed to have been filed on the date of the court office’s filing stamp on it.

Refusal by registrar

5.02 (1) The registrar may refuse to accept a document for filing that

• (a) does not comply with the format required by these rules;
• (b) is illegible; or
• (c) is not securely bound or fastened together.

Judge’s direction

(2) If the registrar refuses to accept a document for filing, the document must not be filed without a judge’s direction.

Forms

Forms

5.03 The forms prescribed in the schedule are to be used if applicable and with any variations that the circumstances require.

Paper and Format Requirements

Paper and format requirements

5.04 All documents must be printed on good quality white paper that is 216 mm wide and 279 mm long and the text must

• (a) be printed only on one side of the paper, except for books of authorities, which must be double-sided;
• (b) other than for books of authorities, be double spaced, except for quotations, which must be single spaced; and
• (c) have margins of approximately 25 mm.
  

Covering page

5.05 Every document in a proceeding must have a covering page in Form 1 of the schedule that indicates

• (a) the title of the proceeding;
• (b) the name of the court, the judicial centre and the court file number;
• (c) in the case of an affidavit, the deponent’s name and the date on which he or she swore or affirmed it;
• (d) the title of the document; and
• (e) the name, address, email address and telephone and fax numbers of the person filing the document.
  

Covers for briefs, factums and books of authorities

5.06 Covers for briefs, factums and books of authorities must

• (a) in the case of the applicant’s or appellant’s brief, factum or book of authorities, be bound front and back in blue cover stock;
• (b) in the case of the respondent’s brief, factum or book of authorities, be bound front and back in beige cover stock; and
• (c) in the case of the intervener’s brief, factum or book of authorities, be bound front and back in grey cover stock.

Motion Briefs or Application Briefs

Contents of brief

5.07 (1) A motion or application brief must be set out in consecutively numbered paragraphs and contain the following parts:

• (a) Part 1 — an introduction or overview of the case;
• (b) Part 2 — a concise statement of the facts;
• (c) Part 3 — a list of the issues;
• (d) Part 4 — a concise statement of the argument and the relief requested;
• (e) Part 5 — a list of the authorities relied on; and
• (f) Schedule A, entitled “Relevant Legislative Provisions” — the text of all relevant legislation.
  

Signature

(2) The brief must be signed by counsel or by the applicant or respondent if he or she is self-represented. The signature must be followed by the typed name of the person and the date.

Length of brief

(3) Unless a judge directs otherwise, the brief — excluding Schedule A — must not exceed 30 pages in length.

Appeal Factums

Contents of factum

5.08 (1) In the case of a summary conviction appeal, the factum must be set out in consecutively numbered paragraphs and contain the following parts:

• (a) Part 1 — an introduction or overview of the case;
• (b) Part 2 — a concise statement of the facts;
• (c) Part 3 — a list of the issues;
• (d) Part 4 — the standard of review;
• (e) Part 5 — a concise statement of the argument and the relief requested;
• (f) Part 6 — a list of the authorities relied on; and
• (g) Schedule A, entitled “Relevant Legislative Provisions” — the text of all relevant legislation.
  

Applicable provisions

(2) Subrules 5.07(2) and (3) also apply to appeal factums.

Books of Authorities

Contents of authorities

5.09 (1) Books of authorities must contain

• (a) an index; and
• (b) subject to subrule (4), those authorities that are relied on by the party, including the head note, if any, with the relevant portions of the authorities highlighted or sidebarred.

Copies of authorities

(2) The authorities must be

• (a) separated by numbered tabs; and
• (b) printed on both sides of each page.

Authorities of other party

(3) A party must not duplicate authorities that have been filed by any other party.

Case law for well-known principles of law

(4) A party must not include in a book of authorities a case that establishes a well-known principle of law, unless there is something specific in the case that is relevant to the proceeding before the Court.

Orders

Form and contents

5.10 An order must be in Form 2 of the schedule and must indicate

• (a) the name of the judge who made it;
• (b) the date on which it was made; and
• (c) a recital of the particulars necessary to understand the order, including the date of the hearing, the parties who were present or represented by counsel and those who were neither present nor represented and any undertaking made by a party as a condition of the order.

Rule 6 — Court “B” Files

Establishment of “B” files

6.01 All documents filed with the Court by the parties in connection with a resolution conference, pre-trial conference or case management conference, and any transcripts of those conferences, are confidential and are not part of the public record. They must be kept in a separate court file for the proceeding, known as a “B” file.

Access by parties

6.02 The prosecutor, counsel for each accused and any self-represented accused in a proceeding are entitled to have access to the contents of the “B” file that is kept for that proceeding.

Rule 7 — Service of Documents

General Rules for Manner of Service

General service rule

7.01 (1) No document is required to be served personally unless the Code, these rules or an order of the Court requires personal service.

Service on non-parties

(2) When a motion or an application is served on a person who is not a party to the proceeding, the motion or the application must be served personally.

Personal service

7.02 (1) When a document is to be served personally, the service must be made in the following manner:

• (a) if on an individual, by giving a copy of the document to the individual;
• (b) if on a corporation, by giving a copy of the document to an officer, director or agent of the corporation or to a person who appears to be in charge at the place where the corporation carries on business;
• (c) if on a judge of the Provincial Court of Manitoba or a justice of the peace, by giving a copy of the document to the court administrator in charge of the court office in the region where the adjudication was made;
• (d) if on the Attorney General of Canada, by leaving a copy of the document at the regional office of the Attorney General of Canada in Winnipeg; and
• (e) if on the Attorney General of Manitoba, by leaving a copy of the document at the office of the prosecutor in the judicial centre where the proceeding was commenced.

Original document not required

(2) A person effecting personal service of a document is not required to produce the original document or have it in his or her possession.

Other than personal service

7.03 Any document that is not required to be served personally may be served

• (a) on a party who has counsel of record, by serving that counsel in the manner set out in rule 7.04; or
• (b) on a party who is self-represented,
  • (i) by mailing a copy of the document in the manner set out in rule 7.05,
  • (ii) by faxing a copy of the document in the manner set out in subrule 7.04(2), or
  • (iii) by personal service.

Service on counsel

7.04 (1) Service of a document on the counsel of a party may be made

• (a) by giving a copy of the document to the counsel, or to another counsel or employee in the counsel’s office;
• (b) by mailing a copy of the document to the counsel’s office, in the manner set out in rule 7.05;
• (c) by faxing a copy of the document to the counsel’s office, in the manner set out in subrule (2); or
• (d) if the counsel of a party agrees, by attaching a copy of the document to an email message sent to the email address provided by the counsel.

Service by fax

(2) A document that is served by fax must include a cover page that indicates

• (a) the sender’s name, address and telephone number;
• (b) the name of the person to be served;
• (c) the date of the transmission;
• (d) the total number of pages faxed, including the cover page;
• (e) the fax number from which the document is transmitted; and
• (f) the name and telephone number of a person to contact in the event of transmission problems.
  

Service by mail

7.05 (1) If a document is to be served by mail under these rules, a copy of the document may be sent by regular mail or by registered mail.

Effective date — regular mail

(2) Service of a document by regular mail is effective on the fifth day after the day on which the document is mailed.

Substituted Service or Dispensing with Service

Court order

7.06 (1) If it appears to the Court that it is impractical for any reason to effect prompt personal service of a document that is required to be served personally under these rules, the Court may make an order for substituted service or, if it is necessary in the interests of justice, may dispense with service.

Effective date of service

(2) In an order for substituted service, the Court must specify when service in accordance with the order is effective.

If Document Does Not Reach Person Served

Motion

7.07 If a document was served in compliance with the Code, these rules or an order about service, but a person to whom it was to be served can show that the document did not come to their notice, or only came to their notice at some time later than when it was served or is deemed to have been served, the person may bring a motion

• (a) for the setting aside of an order that was made in their absence;
• (b) for an extension of time; or
• (c) for an adjournment.
  

Validating Service

Order for validating service

7.08 If a document has been served in a manner other than one authorized by these rules or an order, the Court may make an order validating the service if the Court is satisfied that

• (a) the document came to the notice of the person to be served; or
• (b) the document was served in such a manner that it would have come to the notice of the person to be served, if it had not been for the person’s own attempts to evade service.

Proving Service

Evidence for proof of service

7.09 (1) Service of a document may be proved

• (a) by an affidavit of the person who served or sent the document; or
• (b) by the confirmation of delivery receipt provided to the sender, if the document was served by registered mail.

• Counsel’s admission or acceptance
• (2) A counsel’s written admission or acceptance of service is sufficient proof of service and is not required to be verified by affidavit.

Rule 8 — Transcripts

Transcript of evidence

8.01 A party who intends to refer to a transcript of evidence at the hearing of a motion or an application must file a copy of the transcript and serve it on the opposing party, unless a judge directs otherwise.

PART 2

Judicial Interim Release

Rule 9 — Applications for Judicial Interim Release

Application of Part

9.01 This Part applies to an application

• (a) by an accused under subsection 520(1) or (8) or 522(1) of the Code;
• (b) by the prosecutor under subsection 521(1) or (9) of the Code;
• (c) by an accused or the prosecutor, at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code; and
• (d) by an accused, if proceedings have been commenced under section 577 of the Code.
  

Notice of application and supporting materials

9.02 (1) An application must be commenced by filing a notice of application in Form 3 of the schedule and the supporting materials required under rule 9.03 and by serving those documents personally on the accused or the prosecutor, as the case may be, at least two clear days before the date of the hearing of the application unless a judge allows a shorter period of notice.

Oral evidence at hearing

(2) The notice of application must indicate whether the applicant intends to call oral evidence at the hearing or rely only on affidavit evidence.

Materials for use on application

9.03 (1) If the applicant is the accused, the notice of application must be accompanied by

• (a) the affidavit of the applicant containing the matters required under paragraphs (3)(a) to (e);
• (b) if it is practicable to do so, the affidavit of the current or prospective employer by whom it is proposed that the accused be employed if released; and
• (c) if it is practicable to do so, the affidavit of any person who is proposed to serve as a surety for the accused if released, indicating his or her willingness to serve as a surety and the amount for which he or she is to be liable.

Materials for use on application — previous order

(2) If the applicant seeks to review an order made previously, the notice of application must be accompanied by

• (a) a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings under review and any previous review proceedings have been ordered, and that the order for the copies has been accepted; and
• (b) a legible copy of any exhibits capable of reproduction that were filed in the judicial interim release hearing or in any previous review proceeding.
  

Affidavit of applicant who is accused

(3) The affidavit of the applicant required by paragraph (1)(a) must indicate

• (a) the particulars of the charge in respect of which release is sought and any other charge outstanding against the applicant, together with the date or dates scheduled for the trial or preliminary inquiry in respect of the charges;
• (b) the applicant’s place of residence in the three years before the date of the offence charged in respect of which release is sought, as well as the place where the applicant proposes to reside if released;
• (c) the applicant’s employment in the three years before the date of the offence charged in respect of which release is sought, and whether the applicant expects to be employed if released and, if so, where the applicant expects to be employed;
• (d) where the applicant proposes that he or she be released by the giving of an undertaking with conditions or by entering into a recognizance with sureties, deposit or conditions, if it is practicable, the terms and conditions of the order sought, including the amount of any recognizance or deposit, as well as the names of any proposed sureties and the amount for which each proposed surety is to be liable; and
• (e) the particulars of the applicant’s prior record, if any.
  

Affidavit of applicant in custody

(4) When the applicant is in custody, the registrar may accept the applicant’s unsworn affidavit for filing if

• (a) counsel for the applicant files a written undertaking to file a sworn affidavit at, or before, the judicial interim release hearing; or
• (b) the applicant is to appear at the judicial interim release hearing by video link and the truth of the contents of the unsworn affidavit is to be confirmed by the accused to be true at the hearing.
  

Affidavit of prosecutor

(5) If the applicant is the prosecutor or if, as respondent, the prosecutor intends to rely on material other than material that is required to be filed under subrule (1) or (2), the prosecutor must file an affidavit that sets out the facts on which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code.

Brief not required

9.04 No brief is required for the purposes of an application under this Part.

PART 3

Case Management

Rule 10 — Assignment Court

Filing of indictment

10.01 The prosecutor must file the indictment with the Court at least seven days before the day on which an accused first appears in assignment court.

Assignment court

10.02 The judge presiding at assignment court may

• (a) schedule a resolution conference, if the accused has elected to be tried by a judge and jury;
• (b) schedule a pre-trial conference, if the accused has elected to be tried by a judge alone;
• (c) schedule a date for a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea to the charge; or
• (d) refer the matter to the Chief Justice for the appointment of a case management judge in accordance with section 551.1 of the Code.
  

Rule 11 — Resolution Conferences

Application

11.01 Rules 11.02 to 11.06 apply to a resolution conference if the accused has elected to be tried by a judge and jury.

Duties of resolution conference judge

11.02 The resolution conference judge must explore

• (a) the possibility of settlement with the parties; and
• (b) any matters that will promote a fair and efficient trial, including re-election by the accused and the appointment of a case management judge in accordance with section 551.1 of the Code.

• 
  Brief required
• 11.03 Before a resolution conference is held, unless a judge directs otherwise, a pre-trial conference brief in Form 4 of the schedule must be filed and served on the opposing party by

• (a) the prosecutor;
• (b) counsel for each accused; and
• (c) any self-represented accused.

Application of pre-trial rules to resolution conferences

11.04 Rules 12.02, 12.03, 12.05 and 12.06, which apply to pre-trial conferences, also apply, with any variations that the circumstances require, to resolution conferences.

Memorandum by resolution conference judge

11.05 (1) The resolution conference judge must complete a resolution conference memorandum, which must be provided to the prosecutor, counsel for each accused and any self-represented accused.

Confidentiality of memorandum

(2) The resolution conference memorandum is not part of the public record and must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).

Steps after resolution conference

11.06 At the conclusion of a resolution conference, if it appears that the matter will be proceeding to trial, the presiding judge must

• (a) schedule a pre-trial conference; or
• (b) refer the matter to the Chief Justice for the appointment of a case management judge and provide the Chief Justice with a copy of the resolution conference memorandum.

Rule 12 — Pre-trial Conferences

Application

12.01 Rules 12.02 to 12.10 apply to pre-trial conferences.

Pre-trial Conference Briefs

Brief filed by prosecutor

12.02 (1) Unless a pre-trial conference brief has already been filed for a resolution conference or a judge directs otherwise, the prosecutor must, at least 14 days before the date scheduled for the pre-trial conference, file a completed pre-trial conference brief in Form 4 of the schedule and serve it on counsel for each accused and any self-represented accused.

Information required — prosecutor’s brief

(2) The prosecutor’s pre-trial conference brief must include a brief synopsis of the allegations and the evidence to be filed by the prosecution.

Filing and service by accused

12.03 (1) At least seven days before the date scheduled for the pre-trial conference, unless a judge directs otherwise, counsel for an accused or a self-represented accused must file and serve a completed pre-trial conference brief in Form 4 of the schedule on

• (a) the prosecutor;
• (b) counsel for any other accused; and
• (c) any self-represented accused.
  

Mandatory filing and service by accused

(2) Counsel for each accused and any self-represented accused must file and serve a pre-trial conference brief even if the prosecutor has failed to file and serve a pre-trial conference brief or has otherwise failed to comply with this rule.

Contents of brief

(3) The pre-trial conference brief must state the party’s position on each issue and must not indicate “will advise”, “not as yet” or words of similar effect.

Change of position

12.04 (1) If a party changes any position taken and recorded in the pre-trial conference brief, the party must give written notice of the change to the other parties and the pre-trial conference judge.

Failure to comply with subrule (1)

(2) Failure to comply with subrule (1) may result in a motion or application that has resulted from the change in position not being heard by the trial judge.

Changes regarding counsel

(3) If, after the pre-trial conference has been completed, an accused retains new counsel, an accused who was self-represented retains counsel, or an accused who was represented by counsel is no longer represented by any counsel, the new counsel, or the self-represented accused, must

• (a) review the pre-trial conference brief previously filed and the pre-trial conference memorandum prepared by the pre-trial conference judge; and
• (b) give written notice of any changes in position to the other parties and the pre-trial conference judge.
  

Further pre-trial conference

(4) Despite rule 12.10, the pre-trial conference judge may direct that a further pre-trial conference be held if

• (a) the accused is no longer represented by counsel;
• (b) a party has changed his or her position from the position taken in the most recent pre-trial conference brief; or
• (c) a party has failed to file a trial readiness report, as required by rule 17.01.

Pre-trial Conferences

Self-represented accused

12.05 (1) If an accused is self-represented at a pre-trial conference,

• (a) the pre-trial conference must be held in a courtroom that is closed to the public;
• (b) the pre-trial conference must be recorded but must not be published, broadcast or transmitted in any way, except by order of the pre-trial conference judge; and
• (c) a transcript of the pre-trial conference may only be requested by a party to the proceeding or by a judge.

• 
  Confidentiality of information in transcript
  
• (2) If a transcript has been requested under paragraph (1)(c), information contained in it must not be published, broadcast or transmitted in any way except with notice to the other parties and the written approval of the pre-trial conference judge or, if he or she is not available, another judge.

Attendance at pre-trial conference

12.06 Unless the pre-trial conference judge or another judge directs otherwise, the following persons must attend the pre-trial conference and be in a position to make commitments on behalf of the party whom each represents on issues that are reasonably anticipated to arise from the contents of the pre-trial conference briefs:

• (a) counsel who will be representing each accused at the trial or, if an accused is self-represented, the accused; and
• (b) the prosecutor.

Inquiries by pre-trial conference judge

12.07 The pre-trial conference judge must inquire about and discuss any matter that may promote a fair and expeditious hearing of the charges contained in the indictment, including

• (a) any issues that arise from the contents of the pre-trial conference briefs;
• (b) the issues in dispute between the parties;
• (c) the possibility of making admissions of fact or other agreements about uncontested issues or the evidence of witnesses;
• (d) the simplification of any issues that remain in controversy;
• (e) the resolution of any outstanding disclosure issues;
• (f) the nature and particulars of any pre-trial motion or application, including whether evidence on the motion or application will be provided by agreed statements of facts, excerpts of transcripts of the preliminary inquiry, affidavits, “will states” or otherwise than by the testimony of witnesses;
• (g) the estimated length of pre-trial hearings and trial proceedings;
• (h) the possibility that the prosecutor may reduce the number of counts in the indictment to facilitate jury comprehension and promote a fair, just and expeditious trial;
• (i) the manner in which evidence may be presented at trial to facilitate jury comprehension; and
• (j) whether counsel are of the opinion that, for the proper administration of justice, it is necessary to have a case management judge appointed in accordance with section 551.1 of the Code.
  

Memorandum by pre-trial conference judge

12.08 (1) The pre-trial conference judge must complete a pre-trial conference memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused.

Confidentiality of memorandum

(2) The pre-trial conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and may be disclosed only in accordance with subrule (1).

Scheduling further proceedings

12.09 After completing a pre-trial conference, the judge must do at least one of the following:

• (a) schedule a further pre-trial conference, if the matter is not yet ready to be scheduled for trial;
• (b) schedule any pre-trial hearings;
• (c) set deadlines for filing documents;
• (d) refer the matter to the Chief Justice, with a copy of the pre-trial memorandum, for the appointment of a case management judge in accordance with section 551.1 of the Code;
• (e) schedule a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea; and
• (f) schedule the trial.
  

Maximum number of pre-trial conferences

12.10 Unless the case is to be tried with a jury or there are exceptional circumstances, there must be no more than three pre-trial conferences.

Rule 13 — Case Management Conferences

Application

13.01 Rules 13.02 to 13.06 apply to case management conferences that are conducted under section 551.1 of the Code.

Case management judge

13.02 (1) The judge who is appointed to conduct a case management conference may be the same judge who conducted the resolution conference or the pre-trial conference with respect to the matter.

Powers

(2) The judge who is appointed to conduct the conference has the powers of a case management judge under sections 551.2 to 551.4 and 551.6 of the Code.

Briefs required

13.03 If a pre-trial conference was not held prior to the holding of a case management conference, pre-trial conference briefs must be filed and served in accordance with rules 12.02 to 12.04.

Scheduling further proceedings

13.04 After completing a case management conference, the case management judge must schedule

• (a) a further case management conference, if the matter is not yet ready to be scheduled for trial;
• (b) any pre-trial motions or applications; or
• (c) the trial.
  

Memorandum by case management judge

13.05 (1) The case management judge must complete a case management memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused.

Confidentiality of memorandum

(2) The case management conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).

Change of position

13.06 (1) If a party changes a position that has been taken and recorded in the case management memorandum, the party must give written notice of the change to the other parties and the case management conference judge.

Failure to comply with subrule (1)

(2) Failure to comply with subrule (1) may result in a motion or application resulting from the change in position not being heard by the trial judge.

PART 4

Pre-trial Proceedings and Trial Readiness

Rule 14 — Motions and Applications

Application

14.01 Rules 14.02 to 14.06 apply if

• (a) the Code or another Act of Parliament permits or requires that an application be made for an order or determination by a judge and there is no specific rule governing the procedure; or
• (b) a party seeks a ruling before a trial as to the admissibility of evidence, other than under subsection 24(2) of the Charter.
  

Notice of motion

14.02 (1) An application must be commenced by filing a notice of motion in Form 5 of the schedule.

Time limits set by judge

(2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials.

Scheduling conference to set hearing dates

(3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Contents of notice of motion

14.03 Every notice of motion must state

• (a) the place and date of hearing;
• (b) the precise relief sought;
• (c) the grounds to be argued, including a reference to any statutory provision or rule to be relied on;
• (d) whether the motion is to be based on oral evidence and, if not, the documentary, affidavit and other evidence to be used at the hearing of the application; and
• (e) whether any order is required to abridge or extend any time limit for filing or serving the notice of motion or supporting materials required under these rules.
  

Filing and serving motion record and supporting materials

14.04 (1) An applicant must file a motion record and any supporting materials and serve those documents on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

Filing of documents as part of record

(2) Any documents served by a party for use on a motion may be filed as part of the party’s motion record and need not be filed separately if the motion record is filed within the time limits set by a judge under subrule (1).

Contents of motion record

(3) The applicant’s motion record must contain, in the following order:

• (a) a table of contents describing each document;
• (b) a copy of the notice of motion;
• (c) a copy of the indictment to which the motion relates;
• (d) a copy of all affidavits and other material to be relied on;
• (e) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and
• (f) a copy of any other material in the Court file that is necessary for the hearing of the motion.
  

Respondent’s motion record

(4) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

Briefs required

14.05 Each party must file and serve a brief and a book of authorities on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

Cross-examination on affidavits

14.06 (1) Subject to the Code or any other applicable statute or rule of law, a person who has sworn or affirmed an affidavit may be cross-examined on the affidavit at the hearing of a motion with leave of the presiding judge.

Authority not affected

(2) Nothing in these rules is to be construed so as to affect the authority of the judge who is hearing a motion to receive evidence through the examination of witnesses.

Rule 15 — Constitutional Issues

Application

15.01 Rules 15.02 to 15.07 apply if the constitutional validity or constitutional applicability of any enactment or common law rule is challenged or an application is made for a remedy under subsection 24(1) of the Charter.

Notice of motion

15.02 (1) An application under rule 15.01 must be commenced by filing a notice of motion in Form 5 of the schedule.

Time limits set by judge

(2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials.

Scheduling conference to set hearing dates

(3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Contents of notice of motion

15.03 The notice of motion must state the matters set out in rule 14.03 and state whether the applicant seeks to have the motion heard in advance of the trial.

Timing of hearing of motion

15.04 A responding party to the motion may file a notice of motion requesting a determination as to whether the matter can be heard in advance of the trial or should be deferred until a later stage in the trial.

Filing and serving affidavit and other documents

15.05 An applicant must file and serve on all other interested parties any affidavit or documentary evidence on which the applicant intends to rely within the time limits set by the pre-trial conference judge or the case management judge.

Applicant’s brief and book of authorities

15.06 (1) The applicant must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge.

• 
  Respondent’s brief and book of authorities
• (2) The respondent must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge.

Interventions

15.07 (1) A person may seek leave to intervene in an application if the constitutional validity or applicability of a law is challenged.

Granting of leave to intervene

(2) The judge presiding over the proceeding or, if a judge has not yet been assigned, another judge of the Court may grant leave to intervene if he or she is satisfied that

• (a) the person has an interest in the issue before the Court;
• (b) the person will make submissions that are different than those of the other parties; and
• (c) the intervention will not unduly delay or prejudice the determination of the rights of the parties.
  

Order

(3) An order granting leave to intervene may be granted on any terms that the judge determines are just.

Rule 16 — Applications to Exclude Evidence Under the Charter

Applications

16.01 Rules 16.02 to 16.05 apply if a party seeks to exclude evidence under subsection 24(2) of the Charter.

Contents of notice of motion

16.02 An application to exclude evidence must be commenced by filing a notice of motion in Form 5 of the schedule that must state

• (a) the place and date of hearing;
• (b) a detailed description of the evidence the applicant seeks to exclude in the proceedings;
• (c) a statement of the basis and grounds on which the evidence is said to be inadmissible; and
• (d) a summary of the evidence or other material on which the applicant relies and a statement of the manner in which the applicant proposes to present the evidence.
  

Requirements set by judge

16.03 (1) If the issue that is the subject of the motion is identified at a pre-trial conference or case management conference, the pre-trial judge or the case management judge must

• (a) determine if motion briefs will be required; and
• (b) set hearing dates and time limits for filing and serving the notice of motion, unless it has already been filed and served, and for filing and serving supporting materials.

Scheduling conference to set hearing dates

(2) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Applicant’s motion record

16.04 (1) If the application is not based on oral evidence, an applicant must file and serve a motion record that includes

• (a) a copy of the indictment to which the application relates;
• (b) the affidavits and other documentary evidence relied on to support the application; and
• (c) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues that are being raised.

Respondent’s motion record

(2) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record that contains those other materials on which the respondent proposes to rely, within the time limits set by the pre-trial conference judge or the case management judge.

Rule 17 — Trial Readiness

Confirmation of trial readiness

17.01 The prosecutor, counsel for each accused and any self-represented accused must file a trial readiness report in Form 6 of the schedule and serve it on the other parties at least 14 days before the trial date, or within the time that the pre-trial conference judge or case management judge directs.

Judge’s direction

17.02 A further pre-trial conference or court attendance may be directed by a judge if counsel or a self-represented accused

• (a) has changed their position on an issue from what was indicated at the most recent pre-trial conference or case management conference;
• (b) has not complied with a filing requirement that is set out in these rules or directed by the pre-trial conference judge or case management judge; or
• (c) has not filed a trial readiness report in Form 6 of the schedule.
  

PART 5

Dangerous and Long-term Offenders

Rule 18 — Applications

Pre-hearing conference required

18.01 (1) If the prosecutor advises the Court, in accordance with section 752.01 of the Code, that the prosecutor intends to apply to have an offender declared a dangerous offender or a long-term offender, the Court must set a date for a pre-hearing conference before the Chief Justice or his or her designate within 60 days after the day on which the offender is convicted.

• 
  Purpose of conference
• (2) The purpose of the conference is

• (a) to discuss the procedure to be followed;
• (b) to determine what matters will be contentious; and
• (c) to schedule the hearing of the application.

Prosecutor’s pre-hearing conference report

18.02 At least 14 days before the date of the pre-hearing conference, the prosecutor must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the offender.

Offender’s pre-hearing conference report

18.03 At least seven days before the date of the pre-hearing conference, the offender must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the prosecutor.

PART 6

Extraordinary Remedies

Rule 19 — Applications for Extraordinary Remedies

Application

19.01 This Part applies to applications by way of certiorari, habeas corpus, mandamus, procedendo and prohibition, including applications to quash a subpoena, warrant, conviction, inquiry or other order or determination and applications for discharge of a person in custody.

Notice of Application and Service

Notice of application

19.02 The application must be commenced by filing a notice of application in Form 3 of the schedule, which must state the subpoena, warrant or other order or determination to which the application relates.

• 
  Review of order
• 19.03 If the subject of the application is the review of an order, the applicant must file and serve the notice of application within 30 days after the day on which the order was made.

Service of application

19.04 The notice of application and any supporting materials must be served

• (a) where the application includes an application for prohibition, by personal service on the Provincial Court of Manitoba judge, the justice of the peace or other person whose order is the subject of the application;
• (b) where the applicant is Her Majesty the Queen, if the respondent is a self-represented accused, by personal service on the accused or, if the respondent is an accused represented by counsel, by service on that counsel; or
• (c) where the applicant is the accused, by personal service on the prosecutor.

Required Documents, Brief and Book of Authorities

Documents required

19.05 (1) The notice of application must be accompanied by

• (a) a copy of the subpoena, warrant, conviction or other order or determination that is the subject of the application;
• (b) a copy of the indictment or information that contains the charge to which the application relates;
• (c) if there is no record or an incomplete record of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, an affidavit of, or on behalf of, the applicant that includes the matters set out in subrule (2);
• (d) a transcript of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, including the reasons, if any, given by the Provincial Court of Manitoba judge or justice of the peace who issued the order; and
• (e) a copy of any other material filed in the proceeding that gave rise to the application and that is necessary for the hearing and determination of the application.
  

Affidavit — paragraph (1)(c)

(2) The affidavit referred to in paragraph (1)(c) must include

• (a) a description of the status of the person making the affidavit and the basis of his or her knowledge of the matters deposed;
• (b) a statement of the particulars of the charge to which the application relates, together with a date or dates scheduled for trial or preliminary inquiry in respect of that charge;
• (c) a statement of all facts that are material to a just determination of the application that are not disclosed in any other materials filed in support of the application; and
• (d) if the applicant seeks habeas corpus to obtain release from custody, a statement that the applicant is not required to be detained in custody in respect of any other matter.

Applicant’s brief and book of authorities

19.06 Unless a judge directs otherwise, the applicant must file and serve a brief and book of authorities at least 30 days before the date of the hearing of the application.

Respondent’s brief and book of authorities

19.07 Unless a judge directs otherwise, the respondent must file and serve a brief and book of authorities at least 14 days before the date of the hearing of the application.

PART 7

Summary Conviction Appeals and Stays Pending Appeal

Rule 20 — Summary Conviction Appeals

Notice of Appeal

Appeal by prosecutor

20.01 (1) A prosecutor who wishes to commence an appeal from an acquittal, order or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the acquittal, order or sentence under appeal is pronounced.

Appeal by defendant

(2) A defendant who wishes to commence an appeal from a conviction or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the sentence is pronounced.

Address for service

20.02 The appellant must state their address for service on the notice of appeal, including their telephone number, fax number and email address, if any.

Notifying Court of changes

20.03 The appellant must notify the Court in writing of any change to the contact information in the notice of appeal.

Serving notice of appeal

20.04 The appellant must serve the notice of appeal personally on the respondent no later than 30 days after the date on which it is filed.

Transcripts

Transcripts

20.05 (1) A notice of appeal must be accompanied by a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings have been ordered and that the order has been accepted.

Exception

(2) Subrule (1) does not apply if

• (a) the appellant has applied under rule 20.16 for a trial de novo; or
• (b) the appeal is made under section 830 of the Code and based on a statement of agreed facts.
  

Transcripts — appeal against sentence

20.06 If an appeal is only against the sentence, the appellant is not required to provide a transcript of the proceedings that does not pertain to the sentence.

Appearance in Assignment Court

Date of appearance

20.07 Once the transcript of the proceedings that is the subject of the appeal has been filed with the Court,

• (a) the appeal must be placed on the summary conviction appeal assignment court list; and
• (b) the prosecutor must give the defendant notice of the court date by registered mail.
  

Time limits for filing documents

20.08 The judge presiding at the summary conviction appeal assignment court must set time limits for filing and serving appeal books, factums and books of authorities.

Failure to appear

20.09 If the appellant fails to appear personally or by counsel in the summary conviction appeal assignment court, the court may dismiss the appeal.

Appeal Book

Filing of appeal book by prosecutor

20.10 The prosecutor is required to file an appeal book regardless of whether the prosecutor is the appellant or the respondent.

• 
  Contents of appeal book
• 20.11 An appeal book must contain, in the following order,

• (a) a table of contents;
• (b) a copy of the information;
• (c) a copy of the notice of appeal;
• (d) all documentary exhibits relevant to the appeal;
• (e) the reasons for the decision, whether or not they are contained in the transcript of evidence;
• (f) if there is an appeal as to the sentence, pre-sentence reports and other exhibits that were filed at the sentencing hearing; and
• (g) any other materials that may be necessary to enable the Court to adjudicate the issues on appeal.

Access to trial court records

20.12 The prosecutor must have access, for the purpose of preparing an appeal book, to the court file and all documents and exhibits that are delivered to the registrar by the trial court.

Filing of supplementary appeal book

20.13 A defendant may file a supplementary appeal book that contains materials relevant to the appeal that are omitted from the appeal book filed by the prosecutor.

Factums and Books of Authorities

Requirements

20.14 (1) The appellant and the respondent are each required to file a factum and book of authorities, unless the judge presiding at the summary conviction appeal assignment court otherwise directs.

Contents of factum

(2) Rule 5.08 applies to the factum.

Abandoning Appeal

Notice of abandonment

20.15 An appellant may abandon an appeal by

• (a) signing and filing a notice of abandonment in Form 9 of the schedule; and
• (b) serving the notice on the respondent.

Application for Trial De Novo

Notice of motion

20.16 (1) An appellant who seeks a trial de novo under subsection 822(4) of the Code must file and serve a notice of motion at the time of filing and serving the notice of appeal.

Contents

(2) The notice of motion must set out the grounds on which the trial de novo is sought.

Assignment court list

(3) The notice of motion must be placed on the summary conviction appeal assignment court list.

Judge’s powers

(4) If a trial de novo is sought, the judge presiding at the summary conviction appeal assignment court may

• (a) determine if further materials should be filed by the parties; and
• (b) if necessary, set a date for the hearing of the motion.
  

Readiness for Hearing

Conditions

20.17 An appeal is deemed to be ready to be heard if

• (a) any application under subsection 822(4) of the Code has been determined;
• (b) the Court has received the appeal book and a transcript of the evidence, if required; and
• (c) the appellant and the respondent have each filed a factum and book of authorities and served them on the other party, unless a judge has dispensed with the filing of those documents.

Failure to File

Appellant

20.18 A judge may dismiss an appeal if an appellant who is required to file a factum or book of authorities has not done so within the time limit set by the judge presiding at the summary conviction appeal assignment court and has not sought an extension of time to file those documents.

Respondent

20.19 If a respondent who is required to file a factum or book of authorities has not done so within the time limit set by the judge presiding at the summary conviction appeal assignment court and has not sought an extension of time to file those documents,

• (a) a judge may set the matter for hearing; and
• (b) the respondent is not allowed to file a factum or book of authorities after the matter is set for hearing without leave of the Court.
  

Failure to Appear

Appellant

20.20 If the appellant fails to appear personally or by counsel on the date fixed for hearing the appeal, the Court may summarily dismiss the appeal.

Respondent

20.21 If a respondent fails to appear personally or by counsel on the date of the hearing of the appeal, the Court may proceed with the appeal in the absence of the respondent.

Rule 21 — Stays Pending Appeal

Application

21.01 Rules 21.02 to 21.05 apply to applications for an order

• (a) under section 261 of the Code for a stay of an order of prohibition under section 259 of the Code; and
• (b) under subsection 683(5) of the Code to suspend an order of the trial court.
  

Notice of motion

21.02 An application referred to in rule 21.01 must be made by filing a notice of motion in Form 5 of the schedule that sets out the relief requested, accompanied by

• (a) a copy of the information that contains the charge in respect of the offence of which the applicant was convicted;
• (b) a copy of the notice of appeal;
• (c) an affidavit of the applicant that includes the matters set out in subrule 21.03(1) or (2), as the case may be; and
• (d) a copy of any other material in the court file that is necessary for the hearing and determination of the application.
  

Affidavit — paragraph 21.01(a)

21.03 (1) If the application is made under paragraph 21.01(a), the affidavit of the applicant must contain

• (a) the particulars of the offence of which the applicant was convicted, including reference to the results of any analysis of the applicant’s bodily substances to determine the presence of alcohol or drugs and whether the offence involved property damage, bodily harm or death;
• (b) the particulars of the applicant’s driving record, if any;
• (c) the particulars of the applicant’s criminal record, if any;
• (d) a statement as to whether the applicant is addicted to the use of alcohol or drugs and, if so, what steps, if any, the applicant has undertaken or proposes to undertake for the treatment of that addiction pending the determination of the appeal; and
• (e) the particulars of any unnecessary hardship that would be caused to the applicant if the stay or suspension were not ordered.

• 
  Affidavit — paragraph 21.01(b)
• (2) If the application is made under paragraph 21.01(b), the affidavit of the applicant must state

• (a) why there is merit to the appeal; and
• (b) the particulars of any unnecessary hardship that would be caused to the applicant if the stay or suspension were not ordered.
  

Service

21.04 The applicant must serve the notice of motion and supporting materials on the prosecutor personally at least two clear days before the date fixed for the hearing of the application.

Order

21.05 (1) The prosecutor may consent, in writing, to the order sought by the applicant on the terms included in a draft order.

Order without attendance of counsel

(2) If a judge is satisfied that the relief sought by the applicant should be granted, the judge may grant the order on the terms sought, without the attendance of counsel.

Repeal

22.01 The Manitoba Court of Queen’s Bench Rules (Criminal) (see footnote 1) are repealed.

Coming into Force

October 1, 2016

23.01 These rules come into force on October 1, 2016.

SCHEDULE

(Rules 5.03, 5.05 and 5.10, subrule 9.02(1), rule 11.03, subrules 12.02(1), 12.03(1), 14.02(1) and 15.02(1), rules 16.02 and 17.01, paragraph 17.02(c), rules 18.02, 18.03, 19.02 and 20.01, paragraph 20.15(a) and rule 21.02)

FORM 1
(Rule 5.05)

Covering Page

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

TITLE OF DOCUMENT

(If the document is an affidavit, indicate the name of the deponent and the date sworn.)

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

(name, address, email address and telephone and fax numbers of the person filing the document)

FORM 2
(Rule 5.10)

Order

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

THE HONOURABLE ____________________________ _________________________
(name of judge) (day and date order made)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

ORDER

THIS MOTION (OR APPLICATION), made by ____________________ (identify party) for ____________________ (state the relief sought in the motion or application), was heard this day (or heard on ____________________ (date)), at ____________________ (place).

(Recite any particulars necessary to understand the order.)

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

ON READING the Notice of Motion (or Application) and the evidence filed by the parties (add, if applicable, and on hearing the oral evidence presented by the parties) and on hearing the submissions of counsel for ____________________ (identify parties) (add, if applicable, and the submissions of ____________________ (identify party appearing on his or her own behalf)) (add, if applicable, and, after having observed the non-appearance of or no one appearing for ____________________ (identify party), although properly served as appears from ____________________ (indicate proof of service)):

1 THIS COURT ORDERS that ____________________________________________________________________________

2 THIS COURT ORDERS that ____________________________________________________________________________

______________________________________
(date)

______________________________________
(signature of judge)

FORM 3
(Subrule 9.02(1) and rule 19.02)

Notice of Application

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF APPLICATION

___________________ (identify party applying) will make an application before ___________________ (name of judge or the presiding judge) on ___________________ (day), ___________________ (date), at ___________________ (time) or as soon after that time as the application can be heard, at ______________________________________________ (address of court house).

THE APPLICATION IS FOR: ________________________________________________ (State the precise relief claimed.)

THE GROUNDS FOR THE APPLICATION ARE: (Specify the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the application: (List the affidavits or other documentary evidence to be relied on.)

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

AND/OR

The applicant seeks to have the application determined by calling oral evidence.

________________________________
(date)

__________________________________________________________
(name, address, email address and telephone and
fax numbers of the applicant or counsel for the applicant)

TO: _________________________________

_______________________________________________________________
(name and address of the respondent or the respondent’s counsel)

FORM 4
(Rule 11.03 and subrules 12.02(1) and 12.03(1))

Pre-trial Conference Brief

NOTE:

1 This Form must be filed by the assigned prosecutor and by counsel for each accused person or, if self-represented, the accused, before the first pre-trial conference or the resolution conference, whichever occurs earlier, unless otherwise ordered.

2 Each party must provide their position on each issue and not indicate they “will advise” or “not as yet”, etc.

3 The prosecutor must file this Form and serve it on defence counsel or, if self-represented, the accused, at least 14 days before the pre-trial conference or resolution conference. Counsel or the self-represented accused must file and serve their brief on the prosecutor at least seven days before the pre-trial conference or the resolution conference, regardless of whether the Crown has filed the Form. In cases where the Crown has not filed the Form or has filed it late, defence counsel or the self-represented accused should complete the Form to the extent possible.

4 If any party changes the position taken on this Form, they must provide written notice to the other party and to the pre-trial judge of the change in position. If a party has not indicated that an application or motion will be brought, the presumption is that it will not be heard. The failure to notify the other side and the Court of any application not indicated on this Form will be a factor considered by the trial judge in determining whether the new position has prejudiced the other party and whether the application may proceed.

5 The prosecutor’s copy of the brief must be accompanied by a brief synopsis of the allegations and the theory of the Crown’s case. If the prosecutor is arguing that the accused is liable to an offence as a party, the section of the Code that is being relied on by the prosecutor must be indicated.

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

PRE-TRIAL CONFERENCE BRIEF

☐ Crown brief: __________________________________________________________ (prepared by and date)

☐ Defence brief: _________________________________________________________ (prepared by and date)

(Counsel for: _________________________________________ , if multiple accused.)

Have the parties discussed the issues raised in this Form after the committal for trial? Yes ☐ No ☐

Charges: _________________________________________________________________________________________________

__________________________________________________________________________________________________________

Election: Judge and Jury ☐ Judge Alone ☐

Is a re-election anticipated? Yes ☐ No ☐

Will the Crown consent? Yes ☐ No ☐

1 Chronology

(a) Date(s) of offence(s): ______________________________________________________________________________

(b) Date of arrest: ____________________________________________________________________________________

(c) Date of committal for trial: _________________________________________________________________________

(d) Date indictment filed: _____________________________________________________________________________

2 Form of Judicial Interim Release

(a) Is the accused detained in custody on this/these charges? Yes ☐ No ☐

(b) Is the accused detained in custody on any other charges? Yes ☐ No ☐

3 Preliminary Inquiry

Waived: Yes ☐ No ☐

Length: _________________________________

Transcript ordered: Yes ☐ No ☐

DISCLOSURE

4 Disclosure

Complete: Yes ☐ No ☐

(a) Outstanding issues: _______________________________________________________________________________

(b) When will outstanding disclosure be provided to defence?

5 Third Party Records Applications

(a) Relying on:

section 278.3 of the Code: Yes ☐ No ☐

O’Connor: Yes ☐ No ☐

(b) Nature of records: _________________________________________________________________________________

(c) Time estimate for voir dire: _______________

6 Removal of Accused’s Counsel

Will the Crown be seeking removal of the accused’s counsel (e.g. alleging a conflict of interest)? If so, explain.

__________________________________________________________________________________________________________

MENTAL DISORDER

7 Mental Disorder Questions

(a) Will the issue of not criminally responsible due to mental disorder be raised at trial?

By the Crown? Yes ☐ No ☐ By the defence? Yes ☐ No ☐

If raised, will the application be opposed? Yes ☐ No ☐

(b) Is there an issue of the accused’s fitness to stand trial? Yes ☐ No ☐

RE-TRIALS

8 Evidentiary Rulings from Previous Trial

If this is a re-trial of a charge following a mistrial, do any of the parties take issue with the evidentiary rulings from the previous trial (section 653.1 of the Code)? Yes ☐ No ☐

PRE-TRIAL ISSUES

9 Pre-trial Motions

(a) Quash indictment or count on the indictment: Yes ☐ No ☐

(b) Sever count(s) in indictment: Yes ☐ No ☐

(c) Sever accused: Yes ☐ No ☐

(d) Change of venue: Yes ☐ No ☐

(e) Amendment(s): Yes ☐ No ☐

(f) Other: ____________________________________________________________________________________________

10 Non-evidentiary Charter Issues

(a) Challenge to legislation or common law provision:

Specifics of challenge: ________________________________________________________________________________

_____________________________________________________________________________________________________

Can the challenge be heard in advance of the trial? If so, on what evidentiary basis?

_____________________________________________________________________________________________________

(b) Application for remedy under subsection 24(1) of the Charter:

Grounds: ____________________________________________________________________________________________

(c) Has notice of a constitutional question been served? Yes ☐ No ☐

Time estimate for hearing of application: _______________________________________________________________

11 Applications to Exclude Evidence Under Subsection 24(2) of Charter

(a) Evidence sought to be excluded: ___________________________________________________________________

_____________________________________________________________________________________________________

(b) Charter sections to be relied on: ___________________________________________________________________

_____________________________________________________________________________________________________

(c) Overview of defence position: _____________________________________________________________________

_____________________________________________________________________________________________________

(d) Overview of Crown position: _______________________________________________________________________

_____________________________________________________________________________________________________

(e) Time estimate for voir dire:___________________

12 Intercepted Private Communications

(a) Does the Crown seek to introduce wiretap evidence? Yes ☐ No ☐

(b) Brief overview of evidence: ________________________________________________________________________

_____________________________________________________________________________________________________

(c) Does the defence require a voir dire to determine admissibility? Yes ☐ No ☐

(d) Will the defence apply to open the sealed packet? Yes ☐ No ☐

(e) Brief overview of defence position: _________________________________________________________________

_____________________________________________________________________________________________________

(f) Will the defence be making a Garofoli application? Yes ☐ No ☐

(g) Is voice identification an issue? Yes ☐ No ☐

(h) Time estimate for voir dire: ______________

13 Statements of Accused

(a) Will the Crown be tendering a statement of the accused as part of its case? Yes ☐ No ☐

(b) Will the Crown wish to use the statement to cross-examine the accused? Yes ☐ No ☐

(c) Form of the statement: Oral comments ☐ Written ☐ Audiotaped ☐ Videotaped ☐

(d) Does the defence dispute admissibility? Yes ☐ No ☐

(e) Voir dire issues:

Recipient as a person in authority: Yes ☐ No ☐

Voluntariness: Yes ☐ No ☐

Paragraph 10(a) of the Charter: Yes ☐ No ☐

Paragraph 10(b) of the Charter: Yes ☐ No ☐

Section 7 of the Charter: Yes ☐ No ☐

(f) Brief summary of the defence’s position: ____________________________________________________________

_____________________________________________________________________________________________________

(g) If the statement was audiotaped or videotaped, has a transcript been provided to the defence? Yes ☐ No ☐

(h) If there are both Charter and voluntariness issues, do the parties agree that a blended voir dire is appropriate?

Crown: Yes ☐ No ☐

Defence: Yes ☐ No ☐

(i) Time estimate for voir dire: ______________

14 Witness Statements

(a) Will the Crown be seeking to introduce prior testimony or statements of a witness under section 715, 715.1 or 715.2 of the Code? If so, provide details.

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Will the defence contest the admissibility of the evidence or statements? Yes ☐ No ☐

15 Principled Exception to Hearsay Rule / K.G.B. Applications

(a) Does the Crown seek to introduce any evidence relying on the principled exception to the hearsay rule? Yes ☐ No ☐

(b) If so, what is the nature of the evidence? ___________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(c) Does the defence contest admissibility? Yes ☐ No ☐

(d) How does the Crown propose to introduce the evidence on the voir dire?

Viva voce evidence: Yes ☐ No ☐

Agreed statement of facts: Yes ☐ No ☐

Witness statements: Yes ☐ No ☐

Transcripts: Yes ☐ No ☐

(e) Time estimate for voir dire: ______________

16 Expert Witnesses

(a) Does the Crown intend to call expert witnesses or tender expert reports? Yes ☐ No ☐

(b) Field(s) of expertise: _______________________________________________________________________________

(c) Issues in respect of which the evidence will be introduced: ____________________________________________

_____________________________________________________________________________________________________

(d) Does the defence contest the admissibility of the expert evidence? Yes ☐ No ☐

(e) Does the defence contest the expertise of the witness? Yes ☐ No ☐

(f) Time estimate for voir dire: ______________

17 Similar Fact Evidence

(a) Is the Crown seeking to introduce evidence of prior similar acts by the accused? Yes ☐ No ☐

(b) Nature of evidence: _______________________________________________________________________________

_____________________________________________________________________________________________________

(c) Does the Crown seek to have admissibility determined in a pre-trial motion? Yes ☐ No ☐

(d) Does the defence dispute admissibility? Yes ☐ No ☐

(e) How does the Crown seek to introduce the evidence on the voir dire?

Viva voce evidence: Yes ☐ No ☐

Agreed statement of facts: Yes ☐ No ☐

Witness statements: Yes ☐ No ☐

Transcripts: Yes ☐ No ☐

(f) Time estimate for voir dire: ______________

(g) Is the Crown seeking to rely on similar fact evidence with respect to the counts in the indictment? Yes ☐ No ☐

18 Defence Experts

(a) Does the defence intend to call expert witnesses? Yes ☐ No ☐

(b) Field of expertise: _________________________________________________________________________________

(c) Issues in respect of which the evidence will be introduced? ___________________________________________

_____________________________________________________________________________________________________

(d) Does the Crown contest the admissibility of the expert evidence? Yes ☐ No ☐

(e) Does the Crown contest the expertise of the witnesses? Yes ☐ No ☐

(f) Time estimate for voir dire: ______________

19 Sexual Assault Trials — Section 276 of Code

(a) Will defence counsel be seeking to cross-examine the complainant on prior sexual activity? Yes ☐ No ☐

(b) Nature of evidence: _______________________________________________________________________________

_____________________________________________________________________________________________________

(c) Manner in which defence seeks to establish evidentiary basis on application: ___________________________

(d) Time estimate for voir dire: ______________

20 Other Issues That May Require Pre-trial Rulings

(a) Issues: ___________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Will a voir dire be necessary? Yes ☐ No ☐

TRIAL ISSUES

21 Defences and Triable Issues

Is it reasonably anticipated that any of the following defences and triable issues will be raised? Yes ☐ No ☐

If yes, specify:

☐ Identity

☐ Intoxication by drug or alcohol

☐ Accident

☐ Alibi

☐ Honest but mistaken belief in consent

☐ Self-defence

☐ Provocation

☐ Automatism

☐ Duress

☐ Other: _________________________________________________________________________________________________

22 Defence Admissions

Are any of the following issues admitted by the defence? Yes ☐ No ☐

If yes, specify:

☐ Jurisdiction

☐ Identity of the accused

☐ Date(s) of the offence(s)

☐ Continuity of exhibits

☐ Ownership of property that is the subject matter of the offence

☐ Value of property that is the subject matter of the offence

☐ Death or injuries caused by accused

☐ Nature of drug (Controlled Drugs and Substances Act offences)

☐ Amount of drug possessed is “for the purpose of trafficking” (Controlled Drugs and Substances Act offences)

☐ Value of drug (Controlled Drugs and Substances Act offences)

23 Other Factual, Evidentiary or Legal Admissions

Admission Does the defence agree?

1. ______________________________________________________________ Yes ☐ No ☐

2. ______________________________________________________________ Yes ☐ No ☐

3. ______________________________________________________________ Yes ☐ No ☐

4. ______________________________________________________________ Yes ☐ No ☐

5. ______________________________________________________________ Yes ☐ No ☐

24 Competency of Witnesses

(a) Does the Crown or the defence intend to call any child witnesses? Yes ☐ No ☐

(b) Does the Crown or the defence intend to challenge the capacity of any witness to testify? Yes ☐ No ☐

If yes, specify name of witness and basis of challenge: __________________________________________________

_____________________________________________________________________________________________________

25 Witnesses Under 18 or Who Have Disability

Does the Crown intend to seek an order for a support person under section 486.1 of the Code or any testimonial aid (e.g. a screen) under section 486.2 of the Code? Yes ☐ No ☐

If yes:

(a) Provide details: ___________________________________________________________________________________

(b) Does the defence oppose the order? Yes ☐ No ☐

26 Publication Bans

Does any party seek a publication ban?

Crown: Yes ☐ No ☐

Defence: Yes ☐ No ☐

If yes:

(a) Provide details of order sought, media to be notified, timing of hearing and time estimate for hearing:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Does the other party oppose the application? Yes ☐ No ☐

If opposed, provide time estimate for hearing: ____________________

27 Privilege Issues

Will any claim of privilege be asserted in respect of any evidence proposed for introduction? Yes ☐ No ☐

If yes, provide details: ____________________________________________________________________________________

_________________________________________________________________________________________________________

28 Other Legal Issues That May Arise During Trial

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

29 Challenges for Cause

(a) Does the Crown intend to challenge jurors for cause? Yes ☐ No ☐

If yes, what are the grounds: _________________________________________________________________________

(b) Does the defence intend to challenge jurors for cause? Yes ☐ No ☐

If yes, what are the grounds: _________________________________________________________________________

30 Interpreters

(a) Does the accused require an interpreter? Yes ☐ No ☐

If yes, for which language(s)?_________________________________________________________________________

(b) Do any witnesses require an interpreter? Yes ☐ No ☐

If yes, for which language(s)? ________________________________________________________________________

31 Special Courtroom Equipment Required

Is any special equipment required (e.g. video equipment)? Yes ☐ No ☐

If yes, provide details: ____________________________________________________________________________________

32 Courtroom Security Issues

Are there any special courtroom security issues that need to be addressed? Yes ☐ No ☐

If yes, provide details: ____________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

33 Other Potential Issues

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

34 Time Estimates

(a) Anticipated number of Crown witnesses: __________________________________________________________

(b) Time estimate for the Crown’s case: _______________________________________________________________

(c) Time estimate for the defence’s case: ______________________________________________________________

Date: __________________________________________

Signature: ___________________________________________

FORM 5
(Subrules 14.02(1) and 15.02(1) and rules 16.02 and 21.02)

Notice of Motion

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF MOTION

____________________ (identify moving party) will make a motion before ____________________ (name of judge or presiding judge) on ____________________ (day), ____________________ (date), at ____________________ (time) or as soon after that time as the motion can be heard, at ____________________ (address of court house).

THE MOTION IS FOR: (State the precise relief claimed.) ______________________________________________________

THE GROUNDS FOR THE MOTION ARE: (Specify the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion: (List the affidavits or other documentary evidence to be relied on.)

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

AND/OR

The applicant seeks to have the motion determined by calling oral evidence.

________________________________
(date)

___________________________________________________
(name, address, email address and telephone and fax numbers of the applicant or counsel for the applicant)

TO: _____________________________

_______________________________________________________________
(name and address of the respondent or the respondent’s counsel)

FORM 6
(Rule 17.01 and paragraph 17.02(c))

Trial Readiness Report

NOTE:

This Form must be filed or faxed to the trial coordinator at least 14 days before the trial date or as directed by the pre-trial conference judge or case management judge.

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

TRIAL READINESS REPORT

The above case is scheduled for trial on: ____________________________________________________________________

I, ____________________ , counsel for the Crown/counsel for the accused (or the accused, if self-represented) certify:

☐ That the prosecutor/defence is prepared to proceed to trial on the trial date.

☐ That the prosecutor/defence is not prepared to proceed to trial because: ___________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

☐ That the prosecutor/defence positions as indicated at the most recent pre-trial (or case management) conference will be the prosecutor/defence positions at trial.

☐ That the prosecutor/defence positions as indicated at the most recent pre-trial (or case management) conference have changed as follows:

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

☐ That the prosecutor/defence has filed all material required by the Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench and/or as directed by the pre-trial (or case management) judge.

☐ That the prosecutor/defence has not filed the following material as required by the Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench and/or as directed by the pre-trial conference (or case management) judge:

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

Date: ____________________________

Signature: __________________________________________________________

FORM 7
(Rules 18.02 and 18.03)

Pre-Hearing Conference Report for Dangerous or Long-Term Offender Application

NOTE:

• 1 This Form must be completed in full in all cases and be signed by the assigned prosecutor or a prosecutor authorized to bind the Crown, and by counsel for the offender or, if self-represented, the offender, before the first judicial pre-hearing conference, unless otherwise ordered or unless the offender will be consenting to the application.
• 2 Each party is encouraged to discuss the issues to be addressed at the pre-hearing conference in advance of the conference.
• 3 The prosecutor must provide their position on each issue and not indicate they “will advise” or “not as yet”, etc.
• 4 The prosecutor must file this Form and serve it on defence counsel or, if self-represented, the offender, at least 14 days before the pre-trial conference. Defence counsel or the self-represented offender must file and serve their report on the prosecutor at least seven days before the pre-trial conference, regardless of whether the Crown has filed the Form. In cases where the Crown has not filed the Form or has filed it late, counsel or the self-represented offender should complete the Form to the extent possible.
• 5 If any party changes the position taken on this Form, they must provide written notice to the other party and to the Court of the change in position.

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

PRE-HEARING CONFERENCE REPORT FOR DANGEROUS OR LONG-TERM OFFENDER APPLICATION

☐ Crown report: ______________________________________________________ (prepared by and date)

☐ Defence report: _____________________________________________________ (prepared by and date)

Have counsel discussed the issues raised in this Form after the committal for trial? Yes ☐ No ☐

ASSESSMENT PHASE

1 Chronology

(a) Date(s) of offence(s): ______________________________________________________________________________

(b) Date of arrest: ____________________________________________________________________________________

(c) Date of conviction: ________________________________________________________________________________

Form of Judicial Interim Release

(a) Is the accused detained in custody on this/these charges? Yes ☐ No ☐

(b) Is the accused detained in custody on any other charges? Yes ☐ No ☐

3 Offences of Which Offender Has Been Convicted or to Which They Will Be Pleading Guilty:

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

4 Trial Judge

Do counsel anticipate any problem arising if the Court were to assign a judge who is not the trial judge to hear the dangerous or long-term offender application?

Crown: Yes ☐ No ☐

Defence: Yes ☐ No ☐

If yes, specify:

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

5 Order Under Part XXIV of Code

On which provision(s) does the Crown rely in seeking an order under Part XXIV of the Code?

☐ Subparagraph 753(1)(a)(i)

☐ Subparagraph 753(1)(a)(ii)

☐ Subparagraph 753(1)(a)(iii)

☐ Paragraph 753(1)(b)

☐ Subsection 753.1(1)

6 Section 752.1 of Code Assessment

(a) Does the offender consent to the order? Yes ☐ No ☐

If opposed, specify the basis on which the order is opposed:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Does any party intend to call evidence on the application? Yes ☐ No ☐

If yes, outline the witnesses, the anticipated evidence and provide time estimates for evidence and argument:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(c) Have counsel discussed the materials to be provided to the doctor preparing the assessment? Yes ☐ No ☐

If there are issues, set out the materials that are contentious:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

7 Time Estimates for Evidence and Argument

Crown estimate: __________________________________________________________________________________________

Defence estimate: ________________________________________________________________________________________

APPLICATION PHASE

8 Attorney General’s Consent

Has the Crown received the Attorney General’s consent? Yes ☐ No ☐

If no, when is the response expected? ______________________________________________________________________

If yes, is the consent to proceed with a

☐ Dangerous offender application

☐ Long-term offender application

9 Evidentiary Basis

What is the evidentiary basis for the application?

(a) Current conviction(s): Yes ☐ No ☐ (If yes, attach a synopsis to the Crown form.)

If the trial was before a judge and jury, will any party request a hearing under section 724 of the Code regarding the factual conclusions?

Crown: Yes ☐ No ☐

Defence: Yes ☐ No ☐

If yes, provide time estimates for submissions:

Crown: ______________________________________________________________________________________________

Defence: ____________________________________________________________________________________________

(b) Prior convictions: Yes ☐ No ☐

If yes, list offence(s), date(s), whether trial or guilty plea and sentence(s) and attach a brief summary of the offence(s):

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(i) Does the defence contest the admissibility of the evidence? Yes ☐ No ☐

(ii) If yes, on what basis does the defence dispute admissibility?

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iii) How will the Crown seek to introduce the evidence of the prior conviction(s)?

☐ Transcripts

☐ Oral testimony

☐ Court records

If otherwise, specify: ____________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iv) If the evidence is admissible, does the defence dispute the method by which the Crown seeks to introduce the evidence? Yes ☐ No ☐

Comments: _____________________________________________________________________________________

________________________________________________________________________________________________ 

________________________________________________________________________________________________

(c) Prior uncharged offences or other conduct: Yes ☐ No ☐

(i) If yes, list incident(s) and date(s) and attach a brief summary of the incident(s):

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(ii) Does the defence contest the admissibility of the evidence? Yes ☐ No ☐

(iii) If yes, on what basis does the defence dispute admissibility?

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iv) How will the Crown seek to introduce the evidence of the prior uncharged offences or other conduct?

☐ Transcripts

☐ Oral testimony

☐ Court records

If otherwise, specify: ____________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(v) If the evidence is admissible, does the defence dispute the method by which the Crown seeks to introduce the evidence? Yes ☐ No ☐

Comments: _____________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(d) Other evidence: Yes ☐ No ☐

(i) If yes, attach a brief summary of the evidence: __________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(ii) Does the defence contest the admissibility of the evidence? Yes ☐ No ☐

(iii) If yes, on what basis does the defence dispute admissibility?

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iv) How will the Crown seek to introduce the evidence?

☐ Transcripts

☐ Oral testimony

☐ Court records

If otherwise, specify: ____________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(v) If the evidence is admissible, does the defence dispute the method by which the Crown seeks to introduce the evidence? Yes ☐ No ☐

Comments: _____________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________ 

________________________________________________________________________________________________

(e) Crown expert witnesses

(i) Does the Crown intend to call expert witnesses? Yes ☐ No ☐

(ii) Does the defence contest the admissibility of the expert evidence as disclosed? Yes ☐ No ☐

(iii) Name(s) of expert witnesses:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iv) Field(s) of expertise:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(v) Issues on which the evidence will be introduced:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(vi) Basis on which the admissibility of the evidence is contested:

☐ Legal relevance

☐ Logical relevance

☐ Necessity in assisting trier of fact

☐ Presence of an exclusionary rule

☐ Expert’s qualifications

(vii) Comments:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(viii) Time estimate for voir dire

Evidence: Crown ________________________ Defence ________________________

Argument: Crown ________________________ Defence ________________________

10 Disclosure

Complete: Yes ☐ No ☐

(a) Outstanding issues:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Lost or destroyed evidence:

_____________________________________________________________________________________________________

(c) Withheld or delayed evidence:

_____________________________________________________________________________________________________

(d) How are the outstanding issues to be addressed and by what date?

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

11 Documents

(a) Third party records applications: Yes ☐ No ☐

(i) Relying on:

Mills, section 278.3 of the Code: Yes ☐ No ☐

O’Connor: Yes ☐ No ☐

(ii) Nature of records:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iii) Time estimate for voir dire

Evidence: Crown ________________________ Defence ________________________

Argument: Crown ________________________ Defence ________________________

(iv) How long prior to trial does the applicant propose the motion be heard?

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(b) Institutional records

(i) Does the Crown intend to introduce institutional records? Yes ☐ No ☐

(ii) If yes, list institutions from which records are to be produced:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iii) Issues on which the records will be introduced:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(iv) Does the defence contest the admissibility of the records? Yes ☐ No ☐

(v) If yes, on what basis does the defence dispute admissibility?

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

12 Charter Applications

Does the offender intend to bring any Charter application that has not been addressed above? Yes ☐ No ☐

If yes, will the application be to challenge:

(a) Legislation? Yes ☐ No ☐

If yes, provide details of challenge, nature of evidence to be called and time estimates for evidence and arguments:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Admissibility of evidence, not noted above? Yes ☐ No ☐

If yes, provide details of challenge, nature of evidence to be called and time estimates for evidence and arguments:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

13 Other Legal Issues

(a) Are there other legal issues that may require rulings?

Yes ☐ No ☐

If yes, provide details:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Time estimate for voir dire

Evidence: Crown _______________________________ Defence _______________________________

Argument: Crown _______________________________ Defence _______________________________

14 Defence Experts

(a) Does the defence intend to call expert witnesses? Yes ☐ No ☐

If yes:

Name(s) of expert(s): _________________________________________________________________________________

Qualifications of the proposed witness as an expert: ____________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

Description of the area of expertise of the proposed witness that is sufficient to permit the other parties to inform themselves about that area of expertise:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

Does the Crown contest the admissibility of the expert evidence? Yes ☐ No ☐

If yes, specify the basis on which admissibility of the evidence is contested:

☐ Legal relevance

☐ Logical relevance

☐ Necessity in assisting trier of fact

☐ Presence of an exclusionary rule

☐ Expert’s qualifications

(b) Comments: ______________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(c) Time estimate for voir dire

Evidence: Crown _______________________________ Defence _______________________________

Argument: Crown _______________________________ Defence _______________________________

15 Competency of Witnesses

(a) Does the Crown or the defence intend to call any witness who is under the age of 14 years? Yes ☐ No ☐

If yes, specify name of witness and his or her age: ______________________________________________________

(b) Does the Crown or the defence intend to challenge the capacity of any witness on the basis of mental capacity? Yes ☐ No ☐

If yes, specify name of witness and basis of challenge: __________________________________________________

16 Manner in Which Evidence to Be Introduced

Does the Crown or the defence seek to have any witness’s evidence introduced? Yes ☐ No ☐

If yes, specify:

☐ by video link, under section 714.1 or section 714.2 of the Code

☐ by reading in evidence previously taken, under section 715 of the Code

☐ by videotaped evidence, under section 715.1 of the Code

☐ as vulnerable witness, under section 486.2 of the Code

☐ by other means; provide details: _________________________________________________________________________

__________________________________________________________________________________________________________

Does the opposing party consent to the admissibility of the evidence in the manner proposed? Yes ☐ No ☐

If opposed, estimated time for:

Evidence: Crown _______________________________ Defence _______________________________

Argument: Crown _______________________________ Defence _______________________________

17 Order Under Section 486.3 of Code

Will the Crown or any witness apply for an order under section 486.3 of the Code, appointing counsel to cross-examine a witness if the offender is self-represented? Yes ☐ No ☐

If yes, does the offender oppose the order? Yes ☐ No ☐

18 Witnesses Under 18 or Who Have Disability

Does the Crown intend to seek an order for a support person under section 486.1 of the Code or any testimonial aid (e.g. a screen) under section 486.2 of the Code? Yes ☐ No ☐

If yes:

(a) Provide details: ___________________________________________________________________________________

(b) Does the defence oppose the order? Yes ☐ No ☐

19 Publication Bans or Deferred Publication Orders

(a) Does the Crown seek an order under section 486.4 or 486.5 of the Code banning the publication of the complainant’s identity? Yes ☐ No ☐

If yes, does the defence oppose the order? Yes ☐ No ☐

If opposed, estimated time for:

Evidence: Crown _______________________________ Defence _______________________________

Argument: Crown _______________________________ Defence _______________________________

(b) Does either party seek other publication bans or deferred publication orders?

Crown: Yes ☐ No ☐

Defence: Yes ☐ No ☐

If yes:

(i) Provide details of order sought, media to be notified, timing of hearing and time estimate for hearing:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

(ii) Does the other party oppose the application? Yes ☐ No ☐

If opposed, provide time estimate for evidence and separate time estimate for argument:

Evidence: ________________________________ Argument: ________________________________

20 Privilege Issues

Will the Crown be raising issues of privilege? Yes ☐ No ☐

Will the defence be raising issues of privilege? Yes ☐ No ☐

If yes:

(a) Specify the nature of the evidence and issue of privilege: ____________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Specify the basis on which the party seeking admission is relying: ___________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(c) How does the party claiming privilege seek to introduce the evidence on the voir dire?

Viva voce evidence: Yes ☐ No ☐

Agreed statement of fact: Yes ☐ No ☐

Witness statements: Yes ☐ No ☐

Transcripts: Yes ☐ No ☐

(d) Does the other party consent to the manner in which the evidence will be introduced on the voir dire?

Yes ☐ No ☐

Comments: _________________________________________________________________________________________

_____________________________________________________________________________________________________

(e) Time estimate for voir dire:

Evidence: Crown _______________________________ Defence _______________________________

Argument: Crown _______________________________ Defence _______________________________

21 Gladue Considerations

(a) Is the offender of Aboriginal heritage? Yes ☐ No ☐

(b) Does the Crown or defence anticipate calling any witnesses, introducing any evidence or making any submission in relation to Gladue considerations?

Crown: Yes ☐ No ☐

Defence: Yes ☐ No ☐

If yes, indicate the witnesses to be called and the nature of their evidence and provide time estimates for evidence and argument: ______________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(c) Does the other counsel consent to the admissibility of the evidence? Yes ☐ No ☐

If no, provide the basis of the objection: _______________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

22 Factual, Evidentiary or Legal Admissions Sought by Crown or Conceded by Defence

Admission Does the defence agree?

1 ________________________________________________ Yes ☐ No ☐

2 ________________________________________________ Yes ☐ No ☐

3 ________________________________________________ Yes ☐ No ☐

4 ________________________________________________ Yes ☐ No ☐

5 ________________________________________________ Yes ☐ No ☐

23 Position of Offender in Court

Will there be an application to have the offender sit at counsel table? Yes ☐ No ☐

If yes:

(a) Does the Crown consent? Yes ☐ No ☐

If opposed, what is the nature of the evidence relied on? _______________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Time estimate for voir dire:

Evidence: Crown _______________________________ Defence _______________________________

Argument: Crown _______________________________ Defence _______________________________

24 Interpreters

(a) Does the defence require an interpreter? Yes ☐ No ☐

If yes, for which language(s)? _________________________________________________________________________

(b) Do any Crown witnesses require an interpreter? Yes ☐ No ☐

If yes, for which language(s)? _________________________________________________________________________

(c) Are two interpreters required? Yes ☐ No ☐

25 Additional Courtroom Equipment Required

(a) Elmo projector: Yes ☐ No ☐

(b) Television and VCR: Yes ☐ No ☐

(c) Television and CD player: Yes ☐ No ☐

(d) Television and DVD player: Yes ☐ No ☐

(e) Hearing devices: Yes ☐ No ☐

(f) Teleconference facilities: Yes ☐ No ☐

(g) Other: ____________________________________________________________________________________________

_____________________________________________________________________________________________________

26 Courtroom Security Issues

(a) Does any party believe that increased courtroom security issues are raised in this case? Yes ☐ No ☐

If yes, provide details: ________________________________________________________________________________

_____________________________________________________________________________________________________

(b) Does any party seek an order closing the courtroom to the public under section 486(1) of the Code? Yes ☐ No ☐

If yes, provide details: ________________________________________________________________________________

_____________________________________________________________________________________________________

27 Crown’s Position

(a) On a dangerous offender application, is the Crown seeking

(i) an indeterminate sentence, under paragraph 753(4)(a) of the Code? Yes ☐ No ☐

(ii) a determinate sentence followed by a long-term supervision order under paragraph 753(4)(b) of the Code? Yes ☐ No ☐

(iii) a determinate sentence under paragraph 753(4)(c) of the Code? Yes ☐ No ☐

Length: ________________________________________________________________________________________

(b) On a long-term offender application, the Crown will seek

(i) length of determinate sentence: _______________________________________________________________

(ii) length of long-term supervision order: ________________________________________________________

28 Corollary Orders Sought by Crown

(a) DNA Order: Yes ☐ No ☐

(b) section 109 of the Code prohibition: Yes ☐ No ☐ Duration: _______________________________________

(c) section 161 of the Code order: Yes ☐ No ☐ Duration: _____________________________________________

(d) Sex Offender Registry Order: Yes ☐ No ☐

Sex Offender Registry Order: Yes ☐ No ☐

☐ 10 years (paragraph 490.013(2)(a) of the Code — maximum sentence of two to five years)

☐ 20 years (paragraph 490.013(2)(b) of the Code — maximum sentence of 10 to 14 years)

☐ Life (paragraph 490.013(2)(c) or subsection 490.013(3) of the Code — maximum sentence of life or if was bound by previous Sex Offender Information Registration Act order)

29 Time Estimates

Crown estimate for evidence and argument: ________________________________________________________________

Defence estimate for evidence and argument: _______________________________________________________________

30 Counsel’s Availability (Including Expert Witnesses)

Crown: (dates) ___________________________________________________________________________________________

Defence: (dates) __________________________________________________________________________________________

FORM 8
(Rule 20.01)

Notice of Appeal

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF APPEAL

TAKE NOTICE that the Appellant appeals from the following:

☐ ACQUITTAL ☐ CONVICTION ☐ SENTENCE ☐ ORDER

1 Place of conviction

☐ 408 York Avenue, Winnipeg, Manitoba

☐ 373 Broadway, Winnipeg, Manitoba

☐ other: _________________________________________________

2 Court appealed from: ___________________________________________________________________________________

3 Offence(s) in question: __________________________________________________________________________________

4 Sentence imposed, if applicable: _________________________________________________________________________

5 Date of acquittal, conviction or order: _____________________________________________________________________

6 Date of sentence: _______________________________________________________________________________________

GROUNDS OF APPEAL (state concisely): ____________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

Relief sought: _____________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

The address for service of the appellant is: _________________________________________________________________

__________________________________________________________________________________________________________
(address, email address and telephone and fax numbers of the appellant)

☐ No evidence recorded

☐ Evidence recorded — transcript ordered

☐ Appellant seeks to proceed under section 830 of the Code on agreed facts

☐ Appellant will request a de novo hearing under section 822 of the Code (Notice of Motion is attached)

_______________________________________________ _________________________________________________
(date) (signature of appellant or counsel)

_________________________________________________
(print name of appellant or counsel)

FORM 9
(Paragraph 20.15(a)

Notice of Abandonment

File No. _____________________

THE QUEEN’S BENCH

_____________________ Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF ABANDONMENT

THE APPELLANT abandons this appeal.

DATED at ________________________ , Manitoba, this ________ day of _________________ , 20 _____ .

_____________________________________________________________
(signature of appellant or appellant’s counsel)

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________
(name, address, email address and telephone and fax numbers)

__________________________________________________
(if appellant is self-represented, signature of witness)

__________________________________________________
(print name of witness)

• Footnote a
  S.C. 1994, c. 44, s. 35
• Footnote b
  S.C. 2002, c. 13, s. 17(2)
• Footnote c
  S.C. 2002, c. 13, s. 18
• Footnote d
  R.S., c. C-46
• Footnote 1
  SI/92-35