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There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. All three courts have criminal jurisdiction. The Supreme Court of Canada (SCC) is the final court of appeal. The SCC hears applications for leave to appeal from all provincial Courts of Appeal. If leave to appeal is granted, the SCC hears appeals on the basis of legal, not factual, issues and then decides the case based on its merits.

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Court Rules

Court rules govern practice and procedure in matters brought before a specific court.

Provincial Court of British Columbia | British Columbia Supreme Court | British Columbia Court of Appeal

PROVINCIAL COURT OF BRITISH COLUMBIA
[http://www.provincialcourt.bc.ca/]

The Provincial Court has jurisdiction in almost all criminal matters. The Provincial Court hears criminal matters under a number of federal and provincial enactments, such as the Criminal Code, the Youth Criminal Justice Act, the Controlled Drugs and Substances Act, the Firearms Act, the Offence Act, the Youth Justice Act, and the Motor Vehicle Act.

The Provincial Court of British Columbia Criminal Caseflow Management Rules were created to manage youth and adult criminal cases. The rules are supplemented by Practice Directions issued by the Chief Judge. Individuals and practitioners appearing before the court are expected to comply with the Directions.

The Court's website includes a Judgment Database covering cases from 1999 on. Its Your Experience in Court provides overviews of Basic Criminal Procedure, Court Etiquette, Trial Preparation and Note-taking as well as Introductory Legal Research and Resources.

BRITISH COLUMBIA SUPREME COURT
[http://www.courts.gov.bc.ca/supreme_court/]

The BC Supreme Court is a superior court of criminal jurisdiction, meaning it has exclusive jurisdiction to deal with trials of serious crimes. It also hears all criminal matters that fall outside the jurisdiction of the Provincial Court of BC and it hears summary conviction appeals from the Provincial Court.

The Criminal Rules of the Supreme Court of British Columbia set out the rules of court for criminal matters before the Supreme Court. Supplementary Criminal Practice Directions, Notices, and Guidelines should also be consulted.

BRITISH COLUMBIA COURT OF APPEAL
[http://www.courts.gov.bc.ca/Court_of_Appeal/]

The BC Court of Appeal hears appeals from the BC Supreme Court and indictable offence conviction appeals from the Provincial Court of BC. It is the highest court in the province.

The rules of court for criminal matters before the Court of Appeal are found in the British Columbia Court of Appeal Criminal Appeal Rules. The Court of Appeal also issues Criminal Practice Directives which provide guidance in the conduct of an appeal.

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Criminal Procedure

A selective list of procedural materials follows:

PROVINCIAL COURT OF BRITISH COLUMBIA

Barton & Peel, Criminal Procedure in Practice: A Manual for the Defence of Cases in Provincial Court, 2d ed.
LAW LIBRARY level 3: KE9260 .B37 1983 (LC)
Focuses on federal offences and provides a guide to the criminal justice system, from laying of charge to delivery of verdict and sentencing.

CLE of BC, Provincial Court Criminal Hearings, 1985
LAW LIBRARY level 3: KEB572.Z85 P76 1985 (LC)
Taking the file, bail hearing, preparing for trial; the trial; and sentencing.

SUPREME COURT OF BRITISH COLUMBIA

Bouck et al., British Columbia Annual Criminal Practice
LAW LIBRARY reference room (level 2): KEB535.4.A329 B68 (LC) [current year]
Provides annotations and case law examples for the Acts and Rules of all three levels of court. Gives up-to-date information on criminal practice in British Columbia.

CLE of BC, Summary Conviction Appeals
LAW LIBRARY level 3: KEB584.Z82 S85 1990 (LC)
Pre-appeal procedures; grounds of appeal; post-appeal procedures; new Summary Conviction Appeal Rules.

Scarisbrick, Summary Conviction Appeals in British Columbia: 1998
LAW LIBRARY level 3: KEB584.Z82 S22 1997 (LC)

BRITISH COLUMBIA COURT OF APPEAL

McKinnon, Criminal Lawyer's Guide to Appellate Court Practice
LAW LIBRARY reference room (level 2): KE9375 .M34 1997 (LC)
Thorough guide that also reviews some substantive law.

GENERAL TEXTS

Atrens, Burns and Taylor, Criminal Procedure: Canadian Law and Practice
LAW LIBRARY reference room (level 2): KE9260.A6 C74 (LC)
Overview of the rules governing arrest, charging, trial and appeal.

Bentley, Criminal Practice Manual: A Practical Guide to Handling Criminal Cases
LAW LIBRARY reference room (level 2): KE8807.5 .B46 2000 (LC)
Common problems and issues arising in the practice of criminal law.

Delisle and Stuart, Learning Canadian Criminal Procedure, 9th ed.
LAW LIBRARY level 3: KE9260 .D43 2008 (LC)
Legal process from arrest, through trial, to the point of sentencing and appeals.

Ewaschuk, Criminal Pleadings And Practice in Canada, 2d ed.
LAW LIBRARY reference room (level 2): KE9260 .E938 1987 (LC) & Online
Manual groups principles and rules for easy access. Civil areas re: jurisdiction, trials, evidence, contempt, the Charter, statutory interpretation and division of powers are also discussed.

Gibson, Criminal Law: Evidence, Practice and Procedure
LAW LIBRARY reference room (level 2): KE8809 .G528 (LC)
Provides step-by-step guidance to 60 evidentiary, procedural and practice topics.

Libman, Libman on Regulatory Offences in Canada
LAW LIBRARY reference room (level 2): KE1277.A6 L52 2002 (LC)
Guide to regulatory offences covering regulatory regimes, defenses, and Charter implications.

Meyers, Criminal Lawyer's Commonplace Book
LAW LIBRARY reference room (level 2): KE9306 .M494 (LC)
Designed for in-court use by defence counsel to address recurrent issues in criminal trials.

Quigley, Procedure in Canadian Criminal Law, 2d ed.
LAW LIBRARY reference room (level 2): KE9260 .Q53 2005 (LC)
Discussion of Charter and non-Charter aspects of criminal procedure.

Salhany, Criminal Trial Handbook
LAW LIBRARY reference room (level 2): KE9260 .S243 (LC)
Handbook for trial judges, Crown prosecutors, and defence counsel; discusses procedural and evidentiary problems that arise in criminal trials.

Salhany, Canadian Criminal Procedure, 6th ed.
LAW LIBRARY reference room (level 2): KE9260 .S344 1994 (LC) & Online
Reference manual for the criminal law practitioner.

Prowse, Working Manual of Criminal Law
LAW LIBRARY reference room (level 2): KE8809 .P74 (LC)
General reference book for various areas of criminal law.

JURY TRIALS

Der, The Jury: A Handbook of Law and Procedure
LAW LIBRARY reference room (level 2): KE8495 .D47 (LC)
Provides procedural assistance for jury trials.

Granger, The Criminal Jury Trial in Canada
LAW LIBRARY reference room (level 2): KE9348 .G725 1996 (LC)
States law on selected aspects of pre-trial and trial proceedings.

Ferguson, CRIMJI: Canadian Criminal Jury Instructions, 4th ed.
LAW LIBRARY reference room (level 2): KE9350.A6 F474 2005 (LC)
An indispensable reference featuring: instructions on trial procedures, evidence, and all major offences and defences. Extensively annotated with references and quotes from relevant case law.

JUDICIAL INTERIM RELEASE

Hamilton, Judicial Interim Release: Bail Manual, 4th ed.
LAW LIBRARY reference room (level 2): KEB572.7 .H245 1983 (LC)
A review of laws relating to bail in British Columbia.

MOTOR VEHICLE OFFENCES

McLeod, Takach, & Segal, Breathalyzer Law in Canada, 4th ed.
LAW LIBRARY reference room (level 2): KE2114 .M244 2009 (LC)
Covers the prosecution and defence of drinking and driving offences.

McLeod, Takach, and Segal, Criminal Code Driving Offences: Companion Text for Breathalyzer Law in Canada
LAW LIBRARY reference room (level 2): KE2114 .M245 1987 (LC)
Companion text for Breathalyzer Law in Canada.

SENTENCING

Clewley, Sentencing: The Practitioner's Guide
LAW LIBRARY reference room (level 2): KE9355 .S4674 (LC) & Online
Reviews the principles and considerations that underlie decisions on sentencing.

Ferris, Sentencing: Practical Approaches
LAW LIBRARY reference room (level 2): KE9355 .F47 2005 (LC)
Explains sentencing options for offences created by all levels of government-federal, provincial, & municipal, including the federal Corrections Act.

Ruby, Sentencing, 7th ed.
LAW LIBRARY reference room (level 2): KE9355 .R839 2008 (LC)
Textbook on sentencing principles, objectives, precedents and trends.

YOUNG OFFENDERS

Bala, Youth Criminal Justice Law
LAW LIBRARY reference room (level 2): KE9445.A323 B34 2002 (LC) or Online
Introduction to young offender law; explains the Youth Criminal Justice Act, which replaced the Young Offenders Act in April 2003. and refers to key cases.

Annotated Youth Criminal Justice Act Service
LAW LIBRARY reference room (level 2): KE9445.A323 C36 (LC)

Harris, Youth Criminal Justice Act Manual
LAW LIBRARY reference room (level 2): KE9445.A323 C365 (LC) & Online

CHARTER

CLE of BC, Criminal Law and the Charter
LAW LIBRARY level 3: KE9260 .C75 (LC)

McLeod, Canadian Charter of Rights: The Prosecution and Defence of Criminal and Other Statutory Offences
LAW LIBRARY reference room (level 2): KE9265 .C36 (LC)
Deals with the expanding effect of the Charter on issues arising in criminal proceedings and the prosecution of statutory offences.

Stuart, Charter Justice in Canadian Criminal Law, 4th ed.
LAW LIBRARY reference room (level 2): KE9304 .S89 2005 (LC)
Reviews how the Charter has been applied in criminal courts.

SEARCH AND SEIZURE

Hutchinson & Morton, Search and Seizure Law in Canada
LAW LIBRARY reference room (level 2): KE9270 .H882 (LC)
Defines search & seizure; reviews various topics, e.g. electronic surveillance, motor vehicle searches.

ANNOTATED ACTS

Gibson, Canadian Criminal Code Offences
LAW LIBRARY reference room (level 2): KE8807.5 .G4274 (LC)
Practice manual providing essential information on 50 commonly charged Criminal Code offences.

Martin, Martin's Annual Criminal Code
LAW LIBRARY reference room (level 2): KE8803.9 .M37 (LC) [current year] & Online
A current and authoritative consolidation of the Criminal Code and other federal criminal legislation annotated with reported and unreported decisions from all court levels.

Muir & Libby, Annotated British Columbia Motor Vehicle Act
LAW LIBRARY reference room (level 2): KEB381.A32 M84 2000 (LC)
A current consolidation of the Act plus summaries of decisions from various court levels.

Segal, Manual of Motor Vehicle Law
LAW LIBRARY reference room (level 2): KEO535 .S43 1982 (LC)
Section-by-section annotations to the text of Ontario s Highway Traffic Act. It also provides a concise treatment of motor vehicle law with case law and statutory references for all provinces.

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Useful Websites

CanLII
Provides links to Canadian courts' websites. Use CanLII's Advanced Search, entering keywords to find relevant cases. Searches can be limited to cases from BC courts.
UBC Law Students' Legal Advice Program
Provides access to the LSLAP Manual. Chapter 1 gives an overview of criminal law, including, including criminal procedure, substantive criminal law, the Canadian Charter of Rights and Freedoms in relation to criminal law, and criminal records.
Clicklaw
Crimes & offences provides access to legal information, education and help for British Columbians regarding criminal law.
People's Law School
Consequences of a Youth Record explains some of the problems a youth record may cause, how they linger, and what can be done about them.
Dial-A-Law
A library of scripts offering general information on various topics on law in British Columbia. This free service, operated by the BC Branch of the Canadian Bar Association, is available by phone (604.687.4680 or 1.800.565.5297) and Internet. If you need further information or legal advice, you should consult a lawyer.
Lawyer Referral Service
Helps you contact a lawyer practicing in a particular area of law. This service provides an opportunity to consult a lawyer for up to 30 minutes for a fee of $25 plus taxes. This initial consultation will determine if you have a legal problem and need to hire a lawyer. Contact Lawyer Referral Service during business hours: Monday-Friday 8:30 am - 4:30 pm by dialing 604-687-3221 or 1-800-663-1919.

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Law - Criminal Law - Court Rules and Criminal Procedure