The Provincial Court of Nova Scotia has implemented Practice Directives on a variety of issues to provide guidance for counsel, parties and individuals representing themselves in that court. Individuals are expected to review and follow the applicable directives for their matter in the Provincial Court. Questions about these documents should be directed to the presiding judge in your matter.  

Charter Applications

Applications are governed by Rule 2 of the Provincial Court Rules. This Rule, and Rule 3 – Service of Documents, must be followed in preparing an application for Charter relief. This Practice Directive outlines the full process that must be followed for Charter applications in the Provincial Court. 

PRACTICE DIRECTIVE RE: CHARTER APPLICATIONS

Pre-Hearing Conferences

For all matters set for a trial of one day or more, a pre-trial conference shall be held at such time and date, and in such place and manner, as a judge of the Court may direct. This Practice Directive outlines the process that must be followed for pre-trial hearings (CC s. 625.1), as well as focus hearings (CC s. 536.4) in the Provincial Court. 

PRACTIVE DIRECTIVE RE: PRE-HEARING CONFERENCES

Publication Bans

Applications are governed by Rule 2 of the Provincial Court Rules. This Rule, and Rule 3 – Service of Documents, must be followed in preparing an application for a discretionary ban on publication. This Practice Directive outlines the full process that must be followed in applications for discretionary publication bans. 

PRACTICE DIRECTIVE RE: PUBLICATION BANS

Rowbotham Applications

In Nova Scotia, an accused person may be represented by a lawyer whom the accused has hired, by a Nova Scotia Legal Aid lawyer, or by a lawyer appointed by the Court. An application for court-appointed counsel is available under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. These sections guarantee an accused person the right to a fair trial. In certain situations, a fair trial requires court-appointed counsel. This Practice Directive outlines the process that must be followed in applications for court-appointed counsel. These are known as Rowbotham applications. 

PRACTICE DIRECTIVE RE: ROWBOTHAM APPLICATIONS

Withdrawal of Counsel

Occasionally lawyers need to withdraw as the counsel on record for a specific matter. This Practice Directive outlines the process that must be followed in an application to withdraw as counsel. 

PRACTICE DIRECTIVE RE: WITHDRAWAL OF COUNSEL

Complex Cases

A complex case is likely to have several of the features identified in Appendix A. Upon Crown and Defence identifying a case as complex at any stage of the proceeding, the presiding judge will schedule a pre-trial conference and direct that the Complex Case Pre-trial Report (Appendix B) or Focus Hearing Form 4.1A be completed. This Practice Directive outlines the process that should be followed to help identify and manage complex cases in the Provincial Court. 

PRACTICE DIRECTIVE RE: COMPLEX CASES