Notice 03: Judicial Case Managers Assignment of Duties Pursuant to S. 11 of the Provincial Court Act

Effective Date: January 24, 2025
Notice 03

The following are the duties, classes of cases or matters to which Judicial Case Managers are assigned by the Chief Judge:

1. Fixing of dates for a preliminary inquiry, trial, sentencing hearing, hearing, conference or other proceeding;
2. Adjournments, except for those matters involving self-represented accused who are in custody, whether detained or not,¹ (i) in the context of performing assigned duties or (ii) on the direction of a judge (and where jurisdiction to grant adjournments is given to a judge or the court under an enactment, authorization is given pursuant to s. 31(1) of the Provincial Court Act to exercise all the powers and jurisdiction of the court with respect to adjournments);²
3. Issuing process, making orders and doing acts as may be required at a first or subsequent appearance for case management purposes including, but not limited to:
   1. Conducting arraignment inquiries;
   2. Ordering a s. 486.4 ban on publication (by consent);
   3. Ordering a s. 517 ban on publication;
   4. Amending Informations (by consent);
   5. Vacating bench warrants (where not opposed by counsel); 
   6. Vacating trial dates upon being advised of a guilty plea or stay of proceedings having been entered, or upon the issuance of a bench warrant;
4. Taking of elections except from self-represented persons;
5. Consent remand(s) of persons in custody pursuant to s. 516 of the Criminal Code of Canada where the accused is represented. This assignment does not include making no contact orders under s. 516(2) of the Criminal Code.
6. Making a consent order that a preliminary inquiry or trial be conducted in French;
7. Marking bail for an estreatment application; and
8. Under the Youth Criminal Justice Act, reading the Information at the first appearance, and attending to the s. 26 age and notice requirements. 

1. Self-represented accused who are in custody, no matter the reason, should have their matters heard before a judge. The purpose of this is to ensure judicial oversight for self-represented accused in custody.
2. Judicial Case Managers do not have the authority to adjourn settlement conferences. Applications in this respect go before a registrar, judge or justice as set out in the Small Claims Rules. 

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