British Columbia Court of Appeal
Practice Directive (Criminal)
Title: Ineffective Assistance of Trial Counsel
Issued: 19 September 2011
Cite as: Ineffective Assistance of Trial Counsel (Criminal Practice Directive, 19 September 2011)
Application of Practice Directive
This directive applies to those criminal conviction appeals before the British Columbia Court of Appeal in which the appellant advances as a basis of the appeal that his or her trial counsel provided ineffective assistance at trial resulting in a miscarriage of justice.
Case Management of the Appeal
Upon filing of a notice of appeal in which the appellant alleges ineffective assistance on the part of trial counsel, the Chief Justice may direct that a case management judge be assigned. Either party may also write to the registry to request a case management judge.
Notification of Trial Counsel of Allegations
Where the appellant’s factum alleges ineffective assistance of counsel at trial, the appellant shall file with the factum a Notice (in Form A) of the allegation and promptly deliver a copy of the Notice to trial counsel.
The Honourable Chief Justice Finch
for the Court of Appeal of British Columbia
Replaces the criminal Practice Directive titled Ineffective Assistance of Trial Counsel, dated 1 February 2005.
Notice of Ineffective Assistance of Trial Counsel
Court of Appeal File No. [number]
COURT OF APPEAL
NOTICE TO REGISTRAR
The Appellant, ____________________________, hereby gives notice to _________________________ [counsel for [the appellant] in the court below] that one of the grounds of appeal raised in the appellant’s factum, which will be argued on this appeal, is the ineffective assistance of counsel at trial.
[Name] Counsel for the Appellant
[Please file 2 copies with the Court of Appeal registry. The registry will forward a copy of this notice to the Crown. Appellant’s counsel is to promptly deliver a copy of this notice to Counsel for the appellant at trial]