Issue
It may not be possible for criminal trials to proceed as scheduled if the accused person is in custody and the courthouse is distant from the nearest pre-trial correctional centre.
Affected locations
- Cranbrook
- Dawson Creek
- Fort St. John
- Nelson
- Powell River
- Prince Rupert
- Revelstoke
- Rossland
- Smithers
- Terrace
- Williams Lake
Direction
- Crown and defence counsel with a criminal trial for an in-custody accused person scheduled to take place in one of the courthouses listed above should contact Supreme Court Scheduling for the applicable location 3 months before the scheduled start of the trial to arrange a case management conference before the Associate Chief Justice, or her designate to discuss whether the necessary arrangements are or will be in place to house the accused person in the community of the trial, or to transport the accused person daily from and to the correctional centre.
- The case management conference should be scheduled before the Associate Chief Justice, or her designate, even where a case management or trial judge has been assigned. This is because the Associate Chief Justice will have the most up-to-date information about whether the necessary arrangements are or will be in place to house the accused person in the community of the trial, or to transport the accused person daily from and to a correctional centre.
- The case management conference should be held within the 2 weeks following, unless the Associate Chief Justice directs differently. This timing will allow for at least 2 months’ notice to the parties, counsel, witnesses, the sheriffs, and the public of any changes to the dates or location of the trial that may be necessary.
- Where it appears likely that no arrangements will be in place for the trial to proceed as scheduled, alternatives will be addressed at the case management conference. Depending on the circumstances, these may include
- adjourning the trial until suitable arrangements will be available
- moving the trial to a courthouse closer to a correctional centre if a courtroom is available at that court location, or
- releasing the accused person from custody.
Heather J. Holmes
Associate Chief Justice
Supreme Court of British Columbia