Pursuant to ss. 482 and 482.1 of the Criminal Code, the Court of Queen’s Bench of Alberta has made the Court of Queen’s Bench of Alberta Criminal Procedure Rules.
The new Rules replace the Criminal Proceeding Rules (Criminal Practice Note 6, in force since February 1, 2014).
Coming into force
The new Rules enter into force on the date of publication in the Canada Gazette, December 13, 2017.
Repeals
With the coming into force of the new Rules, the following are repealed:
- Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules, SI/2012-39.
- Rules Pursuant to Section 424 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition as published in Part I of the Canada Gazette on July 13, 1968.
- Alberta Court of Queen’s Bench Rules Respecting Pre-Trial Conferences, SI/86-79.
Modification of Existing QB Criminal Rules
The new Rules are substantively similar to the Criminal Proceeding Rules (Criminal Practice Note 6), with the following exceptions:
- Division 7 has been expanded to address the procedure for applications to seal and unseal Court files;
- Rule 24(2) now provides that the pre-trial conference report is to be "provided" to the court coordinator, as opposed to being "filed", to reflect the actual practice; and
- Rules have been added to replace the above noted repealed rules.
The ordering and form of the Rules have changed as a result of translation and re-drafting in conjunction with the federal government. This, in turn, has affected the numbering of the Rules and some Forms.
As well, the new Rules are published in both official languages.
Modification of NPP#2017-01 and Form CC7
NPP#2017-01 (Charter Applications in Criminal Cases Including Section 11(B) Unreasonable Delay Applications) is modified to reflect the change in numbering of the Rules.
Form CC7 - Pre-trial Conference Report is modified to solicit information pertaining to Charter applications to stay proceedings under section 11(b).
Online Access to Rules and Fillable Forms:
http://www.albertacourts.ca/qb/areas-of-law/criminal/practice-notes
http://www.albertacourts.ca/qb/areas-of-law/criminal/forms