Criminal pre-trial conference

Criminal pre-trial conference

Criminal pre-trial conferences are mandatory for some adult and youth criminal trials and preliminary inquiries. 

The Court's CRIM 12 practice direction explains when pre-trial conferences are required and what must be done to prepare for a pre-trial conference<p>A meeting where the parties discuss with a judge what is needed to be ready for trial.</p>. The information below is only a summary of some of the information in the practice direction. 

Why pre-trial conferences are required 

There are two main purposes for pre-trial conferences. The first purpose is to reduce the number of files being set for trial by helping to ensure that only those requiring a trial are actually set for hearing. The second purpose is to manage files that are set for trial to ensure that time estimates are accurate and that trials finish on time.  

The Court is committed to ensuring the fair, efficient and timely resolution of criminal files and upholding the right of accused persons to be tried within a reasonable time. Using pre-trial conferences helps to reduce day-of-trial delays and trial continuations. 

What happens at a pre-trial conference 

Pre-trial conferences are usually held by video conference or audio conference.  

Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p> and the defence lawyer for the accused person are both required to attend, and must discuss certain issues with each other beforehand. Things discussed at pre-trial conferences usually include: 

  • Whether the case can be resolved without a trial 

  • Disclosure<p><span lang="EN-US">Making the Crown’s case known to the accused person and their lawyer by providing information about the evidence. The prosecutor must disclose, or share, with the accused all relevant information gathered in the investigation so the accused can fully defend themselves against the charge.</span><span>&nbsp;</span></p> of the Crown's evidence 

  • Applications that will be made at or before trial 

  • Planned witnesses 

  • Any admissions that the parties are willing to make 

  • Legal issues in the case 

  • Time estimates for the trial (or preliminary inquiry) 

After the issues are discussed, the pre-trial conference judge can make orders about the case, confirm or set time estimates, set deadlines and other rules about how the case will proceed, and decide on next steps. 

The pre-trial conference judge will not be the trial judge if the case goes to trial.   

Other pre-trial conferences

There can also be pre-trial conferences that do not fall under the Court's CRIM 12 Criminal Pre-Trial Conferences practice direction. For example, at a CRIM 12 pre-trial conference the judge may direct another pre-trial conference possibly before the trial judge where the discussion of what needs to be done to be ready for trial is addressed and recorded.