When LAA receives a court order for s 486.3 counsel, a certificate is created for a roster lawyer to conduct cross-examination of the specified witness or complainant at trial.
The scheduled trial date will be in the “Next Court Appearance & Time” field on the certificate as well as the “Certificate Start Date” and “Certificate End Date”.
Any confirmation hearing date will be specified in the material facts.
If more than one information is scheduled to be heard at that same trial date, the information number(s) will be specified in the “docket number” field of the certificate. Roster lawyers are expected to conduct cross-examination for any witnesses listed in the order for any of the information(s) listed on the order at that trial.
If the trial is adjourned, the roster lawyer is expected to retain the same certificate for the new trial date and only submit their invoice once the scope of the s 486.3 certificate is completed. The Certificate Start/End Dates are determined by the original trial date from when the certificate was issued; they can be disregarded if the trial date is adjourned.
Note, these are limited scope certificates that provide up to a maximum of 10 hours for preparation plus actual time in Court for Trial and Confirmation Hearing. If there are exceptional circumstances, such as numerous witnesses to be cross-examined and further prep time is required, counsel should submit an Authorization Request for Add Tariff Item.
Roster lawyers must keep complete time records for work done on these certificates (as with all LAA certificates).
Note the condition codes on all s 486.3 certificates:
04 – Counsel is required to attend the Confirmation Hearing or, in absence of a Confirmation Hearing, contact the Crown immediately.
05 – If the Trial is adjourned and counsel is no longer available, they must submit an Authorization Request for Change of Counsel and provide the next Trial date.
