Advocate Jan 2014

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92 VOL. 72 PART 1 JANUARY <strong>2014</strong> THE ADVOCATE SCHEDULE E In the Supreme Court of British Columbia In the Matter of the Civil Marriage Act No. …………………………… ………………………. Registry Between and Applicant(s) Respondent (if applicable) CERTIFICATE OF DIVORCE This is to certify that ......…………….......…[name]…….....….........…….. and ………………[name]………………., who were married at …………………. [place]……………….. on ………[dd/mmm/yyyy]………......., were divorced under the Civil Marriage Act (Canada) by an order of this court which took effect and dissolved the marriage on ………[dd/mmm/yyyy]………....... . Given under my hand and the seal of the court Date: ………..[dd/mmm/yyyy]……………. ……………………………………………………… Registrar
THE ADVOCATE VOL. 72 PART 1 JANUARY <strong>2014</strong> 93 British Columbia Court of Appeal Practice Directive (Criminal) Title: Ineffective Assistance of Trial Counsel Issued: November 12, 2013 Effective: Immediately Cite as: Ineffective Assistance of Trial Counsel (Criminal Practice Directive, 12 November 2013) If a party is not represented and makes allegations of ineffective assistance of trial counsel, the appeal will be immediately referred to case management for directions. Stage One: Counsel’s Duties Where There are Allegations that Trial Counsel was Ineffective or Incompetent 1. Before advancing an appeal involving grounds of appeal which allege ineffective assistance or incompetence of trial counsel, counsel for the appellant must: (a) Take steps necessary to satisfy him or herself that there is some foundation for any allegations that trial counsel was ineffective or incompetent; and (b) Informally notify trial counsel of the nature of the allegations bearing on the professional conduct of trial counsel, and give trial counsel a reasonable opportunity to informally respond to the allegations to counsel for the appellant. Stage Two: Advancing an Appeal Alleging that Trial Counsel was Ineffective 2. Where a Notice of Appeal or amended Notice of Appeal includes grounds of appeal alleging the ineffective assistance of trial counsel: (a) The Chief Justice will designate a justice of the Court as a case management judge to make directions with respect to the appeal. (b) The registrar will, within four weeks of the filing of the Notice of Appeal, schedule a case management hearing to be presided over by the case management judge. 3. Where the Notice of Appeal includes grounds of appeal or is amended to include grounds of appeal that trial counsel was ineffective or incompetent, counsel for the appellant shall formally serve a copy of that Notice of Appeal on trial counsel.
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THE ADVOCATE “Of interest to the
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Because not everyone is this lucky.
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Advocate Jan 2014

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