Re: Detention Review Hearings Under ss. 520 and 525 of the Criminal Code
Thompson and The Pas Judicial Centres
As part of the Court of Queen’s Bench’s ongoing attempts to improve access to justice in all areas of its jurisdiction, the following direction applies to detention review hearings under sections 520 and 525 of the Criminal Code in the Thompson and The Pas judicial centres. Informing this practice direction are the following reference points:
To ensure the integrity of the administration of justice, generally, criminal matters are to be adjudicated in the judicial centre most proximate to the community where the alleged offence took place.
The constitutional obligation that flows from the Charter right not to be denied reasonable bail without just cause requires that bail review hearings take place without unreasonable delay.
The Thompson judicial centre has a particularly high volume of criminal cases and in-custody accused.
There is no remand facility in Thompson.
It is not unusual that accused in criminal matters originating in Thompson and The Pas judicial centres are held in custody in a facility that is a significant distance from the courthouses in these judicial centres.
Bail review hearings may take place in person, by video, or by teleconference.
On June 28, 2019, the Court of Queen’s Bench issued a practice direction to assist lawyers in transitioning to the Family Division Case Flow Model.
The New Family Division Case Flow Model (New FD Model) was designed so that pre-February 1, 2019 cases were transitioned into the new case flow with ease. The transition of these existing “old system” cases has, for the most part, gone relatively smoothly. However, there has been some confusion among judges, court staff, the Family Bar and the public on transitional issues. This memorandum has been prepared to offer some further guidance on best practices in transitional cases.