Summary:
This practice direction sets out a general procedure for detention reviews under s. 525 of the Criminal Code following the Supreme Court of Canada’s decision in R. v. Myers, 2019 SCC 18. The procedure was initially developed in a series of meetings with representatives of the Supreme Court and Provincial Court judiciary, Crown counsel, defence counsel, the Legal Services Society, BC Corrections, Court Services Branch (including court sheriffs), Ministry of Children & Family Development, and the Court’s Scheduling and legal staff. The procedure has been revised to reflect experience with it, and to accommodate legislative amendments.
The procedure is designed to bring the accused person before the Court at the earliest opportunity after they have been detained in custody pending trial for 90 days (or 30 days for a young person detained on charges for which they are being prosecuted by way of summary conviction), while also ensuring that Crown and defence counsel are notified and have access to the necessary materials in sufficient time to be ready to proceed or, in the case of defence counsel, assist the accused person in determining whether or not to waive their right to a s. 525 hearing. Three main steps are involved.
In the first main step, Corrections staff will initiate the application process by submitting a written application to a central address at Supreme Court Scheduling.
In the second main step, a Scheduling Hearing will be held at a date and time set out in a notice issued by Supreme Court Scheduling, in the location indicated in that notice. The accused person will appear by video-link. Scheduling Hearings will take place in Vancouver. Crown or defence counsel may appear by telephone or video-link (if easily available).
In the third main step, a Detention Review Hearing will take place at the time, date, and location fixed by the Court, unless the accused person waives their right to have one. Detention Review Hearings will usually be held in the Supreme Court location closest to where the trial will be held, or in the main Supreme Court location in that region, but may be held elsewhere to convenience the various parties involved, if the Court so directs.