
Case Management
How It Works
Case Management
Case management conferences are integral to streamlining the court process and resolving procedural issues before trial. These conferences provide an opportunity for the judge, Crown prosecutor, and defence counsel to discuss and address several critical matters before the trial commences, to make sure there is enough time and resources available, depending on the complexity of the case. Examples of procedural issues commonly addressed include setting firm trial dates, clarifying evidentiary disputes, making admissions on non-contentious issues, and identifying any pre-trial motions that need to be resolved, such as motions to exclude evidence or requests for additional disclosure. The Case Management Conference can often be used as a useful platform for all parties to have a fruitful discussion, which may involve the possible resolution of the charge(s) and new ideas about how to be most efficient. It is also useful to engage both counsel in the months leading up to the trial to negotiate, and either resolve, or streamline the issues.
The discussions during case management conferences often impact the trial timeline significantly. By addressing these issues early, the parties can avoid unnecessary delays and ensure the trial proceeds as scheduled. For instance, resolving questions about the admissibility of evidence during case management can prevent lengthy interruptions once the trial has started.
Additionally, case management allows the parties to focus on narrowing the issues to be argued at trial, which can lead to more efficient proceedings. It provides a forum to confirm the readiness of both sides, discuss witness availability, and ensure compliance with procedural rules. The ultimate goal of case management is to ensure the trial is fair, efficient, and conducted without unnecessary complications or surprises. During these conferences, the judge, Crown, and Defence discuss timelines, evidence, and many novel factors perhaps not considered beforehand.
Applications, such as motions to exclude certain evidence, may also be addressed during this stage. Evidence might be excluded on various legal grounds, such as if it was obtained in violation of the Charter of Rights and Freedoms, if it is deemed irrelevant or prejudicial, or if proper procedures were not followed during its collection. For example, statements made without informing the accused of their right to counsel could be inadmissible. Similarly, evidence acquired through an unlawful search might be excluded to uphold the fairness of the trial process. These motions play a crucial role in ensuring that only legally and ethically obtained evidence is considered in court. The goal of case management is to ensure that the trial proceeds efficiently and fairly. For instance, case management conferences have successfully streamlined trials by resolving evidentiary disputes in advance, allowing the trial to focus on substantive issues without interruptions. Challenges can arise, such as disagreements over disclosure timelines or motions to exclude evidence, which may prolong the process if not addressed promptly. However, proactive and thorough case management often prevents these issues from escalating, ensuring a more organized and effective trial process.
2. Types of Charges
Summary Offenses:
Definition: Summary offences are less serious crimes, such as minor theft or certain types of assault. They are typically handled more quickly and with less severe penalties.
Charging Process: For summary offences, charges can be laid directly by the police or through a prosecutor’s decision. The accused may face a simpler and faster legal process.
Indictable Offenses:
Definition: Indictable offences are more serious crimes, such as murder, robbery, or large-scale fraud. These offences carry more severe penalties and require a more formal legal process.
Charging Process: For indictable offences, the Crown Prosecutor usually decides whether to proceed with charges after reviewing the evidence. In some cases, a preliminary inquiry may be conducted to determine if there is enough evidence to proceed to trial.
Hybrid Offenses:
Definition: Hybrid offences can be prosecuted as either summary or indictable offences, depending on the circumstances and the discretion of the Crown Prosecutor.
Charging Process: The prosecutor decides whether to proceed by summary conviction or indictment based on the severity of the offence, the accused’s criminal history, and other relevant factors.
3. Formal Charging Document
Types of Documents:
Information: For indictable offences, the prosecutor prepares a formal document called an "Information" that outlines the charges and the alleged facts. This document is filed with the court to initiate the legal process.
Summons or Citation: For less serious offences, a summons or citation may be issued, informing the accused of the charges and requiring them to appear in court.
Content of Charging Documents:
Details of the Offence: The document includes a detailed description of the alleged crime, including the date, location, and nature of the offence.
Legal Basis: It specifies the legal provisions or sections of the Criminal Code or other relevant statutes that the accused is alleged to have violated.
4. Filing and Court Appearance
Filing Charges:
Submission to Court: The charging document is filed with the court, and a copy is served to the accused. The court then schedules an appearance for the accused to respond to the charges.
Initial Court Appearance:
First Appearance: The accused appears in court for the first time, where they are formally informed of the charges against them. This appearance is often referred to as an "arraignment" or "first appearance."
Plea Entry: During this appearance, the accused may enter a plea (guilty, not guilty, or no contest). If the accused pleads not guilty, the case proceeds to further stages, such as a preliminary inquiry or trial.
5. Role of the Defence Lawyer
Legal Representation:
Advice and Guidance: A defence lawyer provides essential advice and guidance to the accused throughout the charging process. They help the accused understand the charges, their rights, and the potential consequences.
Preparation for Court: The defence lawyer prepares for the initial court appearance, negotiates with the prosecution, and develops a strategy for defending against the charges.
6. Impact of Charging Decisions
Consequences of Charging:
Legal Proceedings: The decision to lay charges initiates legal proceedings that can lead to a trial, plea negotiations, or other resolutions.
Bail and Release: Following the charging decision, the court may consider bail or release conditions for the accused, depending on the nature of the charges and the accused’s history.
Public and Personal Impact:
Criminal Record: Being charged with a crime can have significant implications for the accused’s personal and professional life, including potential damage to reputation and employment prospects.
Legal Outcomes: The charging decision influences the trajectory of the case and the potential legal outcomes, including the possibility of conviction, acquittal, or a negotiated resolution.