Report to the Chief Judge on Criminal Caseflow Management by ltq19768


									THE HONOURABLE CAROL BAIRD ELLAN                                SUITE 501, 700 W. GEORGIA STREET
          CHIEF JUDGE                                               BOX 10287 PACIFIC CENTRE
                                                                    VANCOUVER, B.C. V7Y 1E8
                                     THE PROVINCIAL COURT               TEL: (604) 660-2864
                                      OF BRITISH COLUMBIA               FAX: (604) 660-1108

                Criminal Caseflow Management Rules – Practice Direction
                          Adjustments to Arraignment Process

October 20, 2000

It appears that the requirement in Rule 5(4), that cases remain in the initial appearance phase
until the arraignment report is filed, is in some cases causing additional appearances, and
frustrating the objective of allowing counsel sufficient time to prepare for the arraignment
hearing. Pending a full review of the Criminal Caseflow Management Rules, I am satisfied that
some interim modification of the process is warranted.

Accordingly, as outlined in the attached practice direction, where defence counsel has
assumed conduct of a proceeding and received particulars, the matter may proceed directly to
arraignment hearing rather than awaiting the filing of an arraignment report at the initial
appearance. The date set for arraignment should take into account the amount of time that in
the opinion of counsel will be required to accommodate discussions between counsel,
preparation and filing of the arraignment report at least 7 days prior to the arraignment hearing,
and preparation for the arraignment hearing.

Experience in areas where the Rules have been in place for some time tends to show that a
significant number of the cases that were previously set for trial but did not proceed are being
resolved earlier in the process, with a consequent reduction in backlogs and daily lists. I
recognize that these gains have not occurred without some inconvenience and concern on the
part of counsel. I appreciate the patience and cooperation of the bar, and dedication of the
court and judiciary staff, to date.

I am committed to a full review of the Rules within a reasonable time following final
implementation on November 6, 2000, at which time I will consider comments and submissions
from all interested participants.

Any questions regarding the application of the practice direction may be directed to the
Administrative Trial Coordinator, Mr. Grant Marchand (604) 660-2557, or to Associate Chief
Judge Stansfield (250) 862-6408.

Carol Baird Ellan
Chief Judge

To top