RULE 8 - ARRAIGNMENT HEARING
Who Shall Attend
(1) Unless a justice orders otherwise, it is a requirement of the Court in both indictable and summary conviction proceedings that the following persons attend the arraignment hearing:
(a) the accused;
(b) the accused's legal counsel, if any, or other legal counsel designated by the accused's legal counsel for the purpose of that hearing; and
(c) the prosecutor.
Powers of Judge
(2) At an arraignment hearing, the judge may
(a) call on the accused to make an election or enter a plea to the charges;
(b) make inquiries to
- assist in making an informed and accurate estimate about the length of a trial or preliminary inquiry into the matter, or
- facilitate the trial or preliminary inquiry, or simplify or dispose of issues;
(c) give directions to the trial scheduler about the time to be set for the trial or preliminary inquiry;
(d) if there is no trial scheduler for that Court registry, set the time for the trial or preliminary inquiry;
(e) make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules, to facilitate the trial or preliminary inquiry or to simplify or dispose of issues;
(f) adjourn the arraignment hearing to enable compliance with any order made or direction given under paragraph (e);
(g) adjourn the arraignment hearing and refer the accused, if not represented by legal counsel, to consult with duty counsel or other legal counsel of the accused's choice; and
(h) hear one or more applications made in respect of the case, if it is convenient and practicable to the Court and all parties.
Idem
(3) Nothing in this rule abrogates solicitor-client privilege and the right of the accused to remain silent.
Guilty Pleas
(4) If the accused enters a guilty plea at the arraignment hearing, the presiding judge may
(a) conduct a sentence hearing at that time; or
(b) adjourn sentencing to a time that provides a just and timely disposition of the matter.
Idem
(5) An accused who wishes to enter a guilty plea before the date set for the arraignment hearing may appear before a judge to do so on making the necessary arrangements with the trial scheduler in consultation with the prosecutor.
Setting Time for Trial or Preliminary Inquiry
(6) If the judge presiding at the arraignment hearing refers the matter to a trial scheduler for scheduling, the trial scheduler shall
(a) set a time for the trial or preliminary inquiry, as the case may be, or for the hearing of any applications in respect of the case, in accordance with
- the time estimate determined by the judge, and
- any direction given by the judge.
[REPEALED OIC 484/2013]
(b) set a time for the accused's trial confirmation hearing, which time shall not be less than 30 days before the time set for the trial or preliminary inquiry under paragraph (a).
Idem
(7) The trial scheduler may, before setting a time under subrule (6), refer any scheduling difficulties that arise to the judge who presided at the arraignment hearing, providing the judge with information about those difficulties.