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| Patrick Ducharme |
Applications for adjournments are to be made by either party at least fifteen days before the date fixed for the hearing of the application, and not less than ten days prior to the date fixed for trial.1 The application is to be accompanied by an affidavit by or on behalf of the applicant containing the information that is set out in Rule 26.04(2). Practically, some adjournment requests are made at the proverbial “last minute” prior to trial. The trial Judge has jurisdiction to grant a request with merit at any time.
A trial will generally proceed continuously, subject to necessary adjournments. The trial Judge has a right to control the trial process, a right that includes a wide discretion to grant and refuse adjournments. An appellate court should only interfere with a trial Judge’s balancing of these rights if the refusal of an adjournment deprives an accused of a fair trial or the appearance of a fair trial.
Various Sections Concerning Adjournments
Preliminary Hearings
537(a) A Justice may adjourn an inquiry from time to time and change the place of hearing, where it appears to be desirable to do so by reason of the absence of a witness, the inability of a witness who is ill to attend at the place where the Justice usually sits or for any other sufficient reason;
Trials
571 A Judge or provincial court Judge acting under this Part may from time to time adjourn a trial until it is finally terminated.
Trials to Be Continuous
645(1) The trial of an accused shall proceed continuously, subject to adjournment by the court.
(2) Adjournment — The Judge may adjourn the trial from time to time in the same sittings.
(3) Formal adjournment unnecessary — No formal adjournment of trial or entry thereof is required. The trial Judge has a right to control the trial process, a right that includes a wide discretion to grant and refuse adjournments. An appellate court should only interfere with a trial Judge’s balancing of these rights if the refusal of an adjournment deprives an accused of a fair trial or the appearance of a fair trial.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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