Court Appearances and Canadian Legal Terms

[swedie]

This material covers all issues pertaining to the judicial system. DM's next court appearance October 22, is to be based upon Preliminary matters. In this manual you will find everything to do with that phase.

Professional Legal Training Course 2013
Practice Material Criminal Procedure
The Law Society of BC, Canada

PRELIMINARY MATTERS
[§2.01] Taking the Case 4
[§2.02] Compelling Appearance and Judicial Interim Release 6
[§2.03] Release by Police 7
[§2.04] Bail Chart 8
[§2.05] Release by the Court 9
1. Objectives 9
2. Procedure at the Bail Hearing 9
3. Evidence 11
[§2.06] Bench Warrants and Section 524 warrants 11
[§2.07] Charges in Other Jurisdictions 11
[§2.08] Sureties 12
[§2.09] Bail Variations in Provincial Court 12
[§2.10] Bail Reviews in Supreme Court 13
[§2.11] 90-Day Bail Reviews 13
[§2.12] Bail Review Documents 13
1. Notice of Application 13
2. Notice to Person(s) Served 13
3. Affidavit in Support 13
4. Transcript of Provincial Court Hearing 14
5. Order after Bail Review 14
[§2.13] Information for Bail Hearings 14
1. Attendance 14
2. Protection of the Public 15
3. Confidence in the Administration of Justice 15 (ii)
[§2.14] Estreatment Procedures 15
[§2.15] Mental Disorder 16
1. Introduction 16
2. Fitness to Stand Trial 16
3. The Defence of Mental Disorder 17
4. Disposition—The Accused Who is NCRMD 18
5. Sentencing—The Accused Who has a Mental Illness (but who is not NCRMD) 18
6. The Review Board

http://www.lawsociety.bc.ca/docs/becoming/material/CriminalProcedure.pdf

Next Chapter: PREPARATION FOR TRIAL

 

[hopingforjustice]

Susan Clairmont ‏@susanclairmont 3m
Media has been told Sharlene Bosma will not be speaking today.
Details
Susan Clairmont ‏@susanclairmont 7m
in the halls of courthouse, Bosma family and friends are weeping and hugging. Sharlene is going to the Crown's office.
Details
Susan Clairmont ‏@susanclairmont 10m
Neither man said a word. Smich sat, Millard stood. Sharlene trembled.

https://twitter.com/susanclairmont

 

[swedie]

October 22, 2013Tears from family, friends as Bosma's accused killers appear for pretrial

His accused killers, Dellen Millard, 28, and Mark Smich, 26, had separate, back-to-back appearances in a Hamilton courtroom Tuesday for the start of their pretrial.

Both Millard and Smich were remanded into custody, to appear by video for a second pretrial date on Oct. 31.

http://www.cbc.ca/news/canada/hamil...accused-killers-appear-for-pretrial-1.2158552

 

[hopingforjustice]

From Susan Clairmont on Twitter

Susan Clairmont ‏@susanclairmont 2m
Millard is up. Being put over to Nov. 12 by video. "All right," he says. And he's done.

Susan Clairmont ‏@susanclairmont 18m
He will be back Nov. 12 by video. That was quick.

Susan Clairmont ‏@susanclairmont 19m
Smich is up. He says his name, wearing orange.

Susan Clairmont ‏@susanclairmont 23m
True to her word, Tim's widow Sharlene is once again in the courtroom, supported by family and friends.

Susan Clairmont ‏@susanclairmont 33m
I'm in court for video appearances by Mark Smich and Dellen Millard, accused of Tim Bosma's first degree murder. #hamont

https://twitter.com/susanclairmont

 

[swedie]

Bosma killing suspects to appear in court on Nov. 12

http://www.cbc.ca/news/canada/hamil...spects-to-appear-in-court-on-nov-12-1.2304010

 

[swedie]

An eight-week preliminary hearing has been scheduled for Mark Smich and Dellen Millard, the two men charged with first-degree murder in connection with the death of Ancaster husband and father Tim Bosma. The pre-trial hearing is set to begin Sept. 8, 2014.

Dates for the preliminary hearing were set aside during a brief video appearance by the co-accused on Nov. 12.

Smich and Millard will appear again by video at the Sopinka Courthouse on Dec. 11 at 2 p.m. It will likely be 2015 before the trial for Bosma’s accused killers begins.

http://www.hamiltonnews.com/news/pre...a-murder-case/

 

[Snoofo]

Holy moly! Well, see ya next year!

 

[Alethea Dice]

Next video court date January 2, 2014.


Julia Chapman‏@JkChapsCBC11 Dec
Mark Smich just appeared by video, also wearing an orange jumpsuit. Only spoke when spoken to. Back Jan 2 by video with Millard. #sl #HamOnt

Julia Chapman‏@JkChapsCBC11 Dec
Both Millard and Smich will start preliminary hearing on Sept 8, 2014. That was decided at their last appearances #sl #HamOnt #Bosma

Julia Chapman‏@JkChapsCBC11 Dec
Dellen Millard has appeared by video. He wore an orange jumpsuit. Back in #HamOnt court Jan. 2, again by video #sl

Julia Chapman‏@JkChapsCBC11 Dec
At #HamOnt court for Dellen Millard/Mark Smich apperances by video. Expected to be administrative. #sl #Bosma

https://twitter.com/JkChapsCBC

 

[Archangel7]

An eight-week preliminary hearing has been scheduled for Mark Smich and Dellen Millard, the two men charged with first-degree murder in connection with the death of Ancaster husband and father Tim Bosma. The pre-trial hearing is set to begin Sept. 8, 2014.

Dates for the preliminary hearing were set aside during a brief video appearance by the co-accused on Nov. 12.

Smich and Millard will appear again by video at the Sopinka Courthouse on Dec. 11 at 2 p.m. It will likely be 2015 before the trial for Bosma’s accused killers begins.

http://www.hamiltonnews.com/news/pre...a-murder-case/

I believe if they have actually SET a prelim date, the Judge has accepted a declaration from the defendants how they elect to be tried ie. Judge and Jury, etc.

 

[Sillybilly]

I believe if they have actually SET a prelim date, the Judge has accepted a declaration from the defendants how they elect to be tried ie. Judge and Jury, etc.

Just an FYI ... maybe our laws have changed here, but Alberta was/is? the only province in Canada that allowed someone accused of murder to elect anything other than judge and jury (i.e. there is no election option in any other province). Here's a short Wiki article wrt the precedent R. v Turpin, and will try to drum up the CCC sections later (I did just run across it the other day while searching something else .. presumably in one of the sections referenced in the Wiki link):

http://en.wikipedia.org/wiki/R._v._Turpin

ETA: I believe it can be appealed on an individual basis. IIRC, Alvin Buckwold in Saskatchewan won the right to trial by judge alone. I believe it was granted based on him having schizophrenia.

 

[swedie]

December 11, 2013 Tim Bosma accused in court again on Jan. 2

They are scheduled for another administrative appearance by video on Jan. 2.

Bosma's widow, Sharlene, was in the public gallery for the appearances, along with several friends and family members.

A preliminary hearing for both Millard and Smich is scheduled for Sept. 8, 2014. The hearing is expected to last about eight weeks.

http://www.cbc.ca/news/canada/hamilton/tim-bosma-accused-in-court-again-on-jan-2-1.2460380

 

[cansleuther]

Another court appearance:

Dellen Millard was remanded until January 30th. His co-accused, Mark Smich, was also scheduled to appear but couldn’t because of an unspecified “incident” that court officials say would “pose a security issue”.

http://www.chch.com/millard-remanded-end-month/

 

[SideKick]

Incident?
He looks like he may have some anger issues, how can we find out what happened?

 

[Sillybilly]

Incident?
He looks like he may have some anger issues, how can we find out what happened?

Hmm ... any prisoner can be brought in in cuffs and shackles. The term "pose a security risk" smacks there may have been a risk to MS.

??

 

[Snoofo]

Hmm ... any prisoner can be brought in in cuffs and shackles. The term "pose a security risk" smacks there may have been a risk to MS.

??

Hmmm indeed!
It's interesting not everyone reported it. http://www.cbc.ca/news/canada/hamilton/tim-bosma-murder-suspects-back-in-court-jan-30-1.2482657

Could it be the incident had nothing to do with MS but rather his lawyer's office had a recent issue? Would he attend without representation? Just a thought.

Sent using Tapatalk 2

 

[Alethea Dice]

This was just a short video appearance. They weren't even attending in person. A "security issue" from a video appearance??? Where do they go for these? Do they even leave the jail?

 

[Sillybilly]

Hmmm indeed!
It's interesting not everyone reported it. http://www.cbc.ca/news/canada/hamilton/tim-bosma-murder-suspects-back-in-court-jan-30-1.2482657

Could it be the incident had nothing to do with MS but rather his lawyer's office had a recent issue? Would he attend without representation? Just a thought.

Sent using Tapatalk 2

Sorry, my direct quote ^^ was wrong. I used the term "security risk" when it was in fact "security issue".

Yes, it is interesting because you would think Smich could have appeared via video link just as DM did. As we aren't privy to what these administrative type appearances are about, it's hard to say if a judge would allow an accused to appear without their legal representative.

 

[Sillybilly]

from:
http://metronews.ca/news/hamilton/685845/the-tim-bosma-case-in-focus/

After Smich’s first court appearance, Dungey had police escort him past journalists and into a waiting car.

Thomas Dungey has been in criminal law for over 25 years. I wondered if he is uber security conscious and this was the norm for him, but the CHCH article did say "incident".

 

[hopingforjustice]

I am wondering if the "security issue" isn't something as simple as lack of staffing.

I have no clue what is involved with these video appearances, but with the holidays, its possible that a number of employees may be booked off and perhaps they couldn't meet the "mandatory" number required for such an appearance hence causing a "possible security issue"? Just thinking out loud...and JMO

 

[Snoofo]

The unspecified incident would pose a security issue. Now what heck could that mean?

Mark Smich, was also scheduled to appear but couldn’t because of an unspecified “incident” that court officials say would “pose a security issue”.

Had the incident already occurred? The wording is strange. Maybe the incident was the result of a power failure at the East detention centre and the typical security systems and sensors were not working properly, thereby not allowing inmates out of their cells? I say this because I don't live too far from there and our power was out for almost a week due to the ice storms last week. Even though most power was restored by the time this video link appearance was scheduled, there was still a lot of repairs taking place that had power going off intermittently. If so it would also make sense for most media outlets not to report it for security reasons. I'm being imaginative here! This is obviously JMO.

Of course my initial thought is a violent outburst involving Smich and another inmate. But how would that keep him away?

It could be something simple. Are the court security guards privately employed or employed by the Crown? If they are government employees, maybe too many guards were still off on holidays and nobody could escort Smich out of his cell!