BarTalk April 2000
Volume 12, Number 2

Re: BarTalk, December issue, Page 6
For the past 12 years I have practised criminal law, amongst other things, in Kelowna, British Columbia. I read, with interest, the article by Associate Chief Judge E D Schmidt in your December issue, respecting Criminal Caseflow Management System. His Honour makes eight points. Perhaps things are different in the jurisdiction in which I practise but there are several points made by his Honour which contrast my experience:

1) Particulars have always been available from Crown Counsel and are usually ordered as soon as the file is opened, often before the first appearance date.

2) It has not been my experience that the same Crown Prosecutor deals with the files from charge approval until the end of the case.

3) I understand this is the plan, however, the fact remains that there are too many Trials and not enough Trial Dates.

4) I do not understand how anyone whether organized or not can dispose of a case with two appearances. In our jurisdiction there are at least three and usually four:

a) Initial Appearance Court;

b) Arraignment Court;

c) a Confirmation Hearing; and

d) Trial.

Sometimes Trial Confirmation Hearings can be waived by the Court but this is not very common.

5) I suppose anything can be faxed but since neither document contains particularly useful information, I fail to see how doing so can expedite matters.

6) It is not the case in our jurisdiction that filing a report and pre-trialing the case with Crown Counsel is sufficient reason to have the Trial Confirmation Hearing waived by the court.

7) The only provision is the Legal Aid Tariff for payment prior to Disposition or Trial is $75.00 (less the 15 per cent holdback) for a category 2 Arraignment Court Appearance. According to the latest news from Legal Services, this tariff item ended on March 31, 2000, because of lack of funding.

Michael Newcombe, Esq
Christiansen, Newcombe & Kennedy

Re: BarTalk, February 2000, Page 7
In his article “Apocolypse Office” [sic], David J. Bilinsky credits the authorship for the song “Great Balls of Fire” to Jerry Lee Lewis.

While The Killer did record a particularly memorable version of the song, its composer was Otis Blackwell. Mr. Blackwell’s songbook also includes such other classics as “Don’t Be Cruel”, “Daddy Rolling Stone”, “All Shook Up”, “Paralyzed”, “Handyman”, “Fever”, and “Return to Sender”.

Credit where credit is due.

Robert J Whittome
Coleman LaCroix Fraser & Whittome

These letters were published in the April 2000 issue of BarTalk.