British Columbia Order in Council — Order under Court Rules, s (O.C. 429/2024)

O.C. 429/2024

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 with attachments (42 pages in total) On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effectiv e August 1, 2024, the attached Provincial Court (Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children]) Rules are made. Attorney General Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Court Rules Act, R.S.B.C. 1996, c. 80, s. 1 Other: R10713202 429 July 8, 2024

page 2 with attachments (42 pages in total) PROVINCIAL COURT (Snuw’ uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [LAWS OF THE COWICHAN PEOPLE FOR FAMILIES AND CHILDREN]) RULES Contents RULE 1 – PURPOSE 1P u r p o s e RULE 2–

INTERPRETATION 1

Definitions 2

Interpretation RULE 3 – MAKING APPLICATIONS 1 Initiating a presentation hearing 2 Applications for orders 3 Applications to change or cancel orders 4 Application may be made orally 5 Where a presentation hearing must be initiated 6 Where an application must be filed 7 Conduct of hearings 8 Some applications may be granted without a hearing 9 How to apply for an order without a hearing 10 How to apply for an order for changing method of attendance without a hearing RULE 4 – CASE CONFERENCES 1 When case conference may be directed 2 When case conference must be directed 3 Judge may adjourn case conference 4 Disclosure must be reviewed 5 Case conference notice 6 What happens at a case conference 7 Privacy at case conference 8 Direction where case conf erence to be conducted RULE 5 – WITNESSES 1 How to subpoena a witness 2 Travelling expenses 3 How to change a witness’s method of attendance 4 Judge may change a witness’s method of attendance 5 If a judge changes a witness’s method of attendance 6 What a witness served with a subpoena must do 7 Subpoena may be cancelled or varied 8 If a witness does not obey a subpoena 9 How long a warrant for arrest of witness is in force 10 After witness is arrested 11 What the judge may do when the witness appears 12 Conditions of release RULE 6 – HEARINGS 1 How evidence is given

page 3 with attachments (42 pages in total) 2 If person does not appear 3 Advance notice of expert s’ evidence required 4 Experts’ reports must be given in advance 5 CEO not an expert 6 Experts’ qualifications 7 Proof of signature not required 8 Experts may be called for cross-examination 9 Cost of calling other party’s expert RULE 7 – AFFIDAVITS 1 What form to use 2 Exhibits 3 Permission to use defective affidavit 4 Affidavit must be filed and served RULE 8 – SERVICE AND PROVING SERVICE 1 Definition 2 Address for service 3 Service requirements 4 When service is not required 5 Unfiled copy may be served 6 How documents may be served 7 Party must give address 8 Person may give address 9 Party must notify of change of address 10 Service on Smun’eem [child] 12 and over 11 Service on Smun’eem [child] under 12 12 Permission to user other service methods 13 Proving service 14 When service by email is deemed to be completed 15 If document does not reach person 16 Judge may require copy of served document 17 Oral proof of service RULE 9 – ORDERS 1 Effective date of order 2 Who prepares order 3 Form of order 4 Approving the order 5 Settling the terms of an order 6 Delivering the order to the registry 7 Notice of order 8 Correcting an order RULE 10 – GENERAL 1 Proceedings may be informal 2 Judge may adjourn hearing 3 Judge may shorten or extend time limits 4 Adjournment 5 Changing or cancelling orders 6 Notice to others 7 Powers that any judge may exercise 8 Judge who starts a hearing must continue 9 If judge cannot finish the hearing

page 4 with attachments (42 pages in total) 10 Judge may give directions 11 Judge may exclude Smun’eem [child] 12 Judge may order transfer of file 13 Transfer of file by consent 14 Copy permissible in some circumstances 15 Documents filed by facsimile transmission 16 Who may search files 17 If a party does not comply with these Rules 18 Appendix A forms 19 User-generated forms 20 Lawyer of record 21 Ceasing to be lawyer of record 22 Judge may wave or modify process in respect of notification of lawyer of record RULE 11 – METHOD OF ATTENDANCE 1 Default method of attendance 2 Direction by chief judge for exception to default 3 Classes of case conferences and hearings 4 Direction on how to attend 5 Application to change method of attendance 6 Requirement for notice of hearing 7 Hearing on application to change method of attendance 8 Attendance by designated representatives 9 Requirement to appear in person 10 Physical presence not required 11 Case conference or hearing has an associated physical location RULE 1 – P URPOSE Purpose

(1) The purpose of these Rules is to prom ote the safety and well-being of Cowichan Tribes Smun’eem [children] by enabling co urt decisions to be obtained in matters arising under Snuw’uy’ulhtst tu Quw’uts un Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People fo r Families and Children] in a way that recognizes and incorporates the Snuw’uy’ulh [laws and legal process] as reflected in those laws. RULE 2 –

INTERPRETATION

Definitions

(1) In these Rules: “business day” means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday; “clerk” means a member of the registry staff; “Indigenous governing body” has the same meaning as in

An Act respecting First Nations, Inuit and Métis children, youth and families (Canada), as amended from time to time;

page 5 with attachments (42 pages in total) “lawyer of record”, in relation to a party, means a lawyer who has provided notifi- cation or advised the court in accordance with Rule 10 (20); “method of attendance”, in relation to a case conference and hearing, includes (

a) attending in person, and (

b) attending by telephone, video conference or other means of electronic communication; “party” means a person who, under the Snuw’u y’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Childre n], is a party to a proceeding under that Law; “registry” means a registry of the court; “Snuw’uy’ulhtst u’ tu Shh w’a’luqwa’a’ i’ Smun’eem” [Laws for Families and Children] means Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] as amended or replaced from time to time.

Interpretation

(2) The following apply respecting these Rules: (

a) words and expressions not defined in these Rules have the meaning given to them in the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], unless the context indicates otherwise; (

b) sections 1.4 to 1.8 in

Part 1 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Childre n] apply to the

interpretation of these Rules; (

c) words in English in square brack ets in these Rules are intended for convenience of reference only; (

d) the words and expressions referred to in paragraph (

a) may be capitalized in these Rules when capitalized in the de fined terms in the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children]; (

e) these Rules are to be interpreted a nd administered in accordance with the Purpose and Guiding Principles in Pa rt 2, and the Minimum Standards in

Part 3, of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], including the provis ions in

Part 3 that relate to the best interests of the Smun’eem [child]; (

f) proceedings are to be conducted in accordance with the Purpose and Guiding Principles in

Part 2, and the Minimum Standards in

Part 3, of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’ eem [Laws for Families and Children], including the provisions in

Part 3 that relate to the best interests of the Smun’eem [child]; (

g) orders and directions are to be made in accordance with the Purpose and Guiding Principles in

Part 2, and the Minimum Standards in

Part 3, of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’ eem [Laws for Families and Children], including the provisions in

Part 3 that relate to the best interests of the Smun’eem [child].

page 6 with attachments (42 pages in total) RULE 3 – M AKING APPLICATIONS Initiating a presentation hearing

(1) To initiate a presentation hearing, a CEO must complete and file with the court an Application For a Presentation Hearing (Form 1). Applications for orders

(2) To apply for an order, other than an or der made at a presentation hearing, a person must complete and file with the court an Application Respecting Orders (Form 2) or an Application to Change Method of Atte ndance (Form 3), as applicable, unless a judge permits otherwise. Applications to change or cancel orders

(3) To apply for an order changing or cancel ling another order under sections 8.37 to 8.39 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqw a’a’ i’ Smun’eem [Laws for Families and Children], a person must comp lete and file with the court an Application Respecting Orders (Form 2), unless a judge permits otherwise. Application may be made orally

(4) At a hearing or a case conference, a judge may permit an application to be made orally in court without the filing of a form. Where a presentation hearing must be initiated

(5) An Application For a Presentation Heari ng (Form 1) must be filed in the Duncan registry unless a judge permits otherwise. Where an application must be filed

(6) An application in Form 2 or Form 3 must be filed (

a) in the registry where the file is locat ed, unless Rule 10 (12) or (13) applies, or (

b) if there is no file, in the Duncan re gistry unless a judge permits otherwise. Conduct of hearings

(7) A judge may conduct a hearing or part of a hearing with one or more persons attending by telephone, video conference or other means of electronic communication. Some applications may be granted without a hearing

(8) A judge may make the follow ing orders without a hearing: (

a) an order under Rule 8 (12), permitti ng the use of another service method; (

b) an order under Rule 10 (3), shor tening or extending a time period; (

c) an order under Rule 11 (5), changing the method of attendance unless the order is in relation to a hearing at which sworn oral evidence is given; (

d) an order under

section 8.8 of the Snuw ’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Chil dren], shortening or extending the time for serving notice or dispensing with notice;

page 7 with attachments (42 pages in total) (

e) a consent order, or an order dispen sing with consent, under

section 8.13 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children]. How to apply for an order without a hearing

(9) To apply for an order under subrule (8) (a), (b), (

d) or (

e) of this Rule, a person must file (

a) an affidavit setting out the facts on which the application is based, and (

b) the Application Respecting Orde rs (Form 2). (See Rule 3 (2)) How to apply for an order for changing method of attendance without a hearing

(10) To apply for an order under subrule (8) (

c) of this Rule, a person must file the Application to Change Method of Attendance (Form 3). (See Rule 11 (5)) RULE 4 – C ASE CONFERENCES When case conference may be directed

(1) At any time, (

a) a party may request a case conference, or (

b) a judge may direct the parties and their lawyers and the Sul-hween Harmony Restoring Advisory establ ished under

section 8.9 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’ eem [Laws for Families and Children] to attend a case conference. When case conference must be directed

(2) At the conclusion of a presentation hearing under the Snuw ’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], if no consent order is made, the judge must direct the

part ies and their lawyers and the Sul-hween Harmony Restoring Advisory to attend a case conference. Judge may adjourn case conference

(3) If a member of the Sul-hween Harmony Restoring Advisory cannot attend a case conference on the date set for the case co nference, a judge must adjourn the case conference to a date when a member of the Sul-hween Harmony Restoring Advisory can attend unless by or at the commencement of the case conference the parties have consented to the order that is being sought at the case conference. Disclosure must be reviewed

(4) When a case conference is directed, the judge must revi ew the extent of disclosure made and requested under the Snuw’uy’ulhtst u’ tu S hhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children] and may ma ke any order for disclosure consistent with the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children].

page 8 with attachments (42 pages in total) Case conference notice

(5) When a case conference is directed, the CEO must notify the other parties of the date, time and place of the conference, unless the conference was directed when the parties or their lawyers of record were present. What happens at a case conference

(6) At a case conference, a judge (

a) must utilize the Sul-hween Harmony Restoring Advisory to resolve any issue involving a Smun’eem [child] who has been removed from their Parent or Care Provider in accord ance with the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], and (

b) may do one or more of the following: (

i) facilitate the resolution of any issue in dispute; (ii) mediate any issue in dispute, other than the issue of whether the Smun’eem [child] needs protection; (iii) with the consent of the parties, re fer any issue, other than the issue of whether the Smun’eem [child] needs protection, to mediation or another alternative dispute resolution mechanism; (iv) decide any issue that does not requi re evidence or that can be decided on the basis of facts agreed to by the parties; (

v) subject to

section 8.13 of the Snuw ’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families a nd Children], make any order in the terms the parties agree to; (vi) review the adequacy of disclosure by the parties; (vii) order that a party provide to another party, within a set time, a

summary of the intended evidence of a potential witness; (viii) order a party to allow anothe r party to inspect and copy specific documents or records to the extent permitted by the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Sm un’eem [Laws for Families and Children]; (ix) order that those applications that cannot be made at the case conference be made within a set time; (

x) order that a statement of agreed facts be filed within a set time; (xi) give directions about any evidence that will be required, how it will be received and the procedure that will be followed, if a hearing is necessary; (xii) order a party to produce anything as evidence at a hearing; (xiii) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing; (xiv) set a date for a hearing; (xv) direct that any further case confer ence be held before the same judge; (xvi) make an order about the method of attendance of a person at a further case conference;

page 9 with attachments (42 pages in total) (xvii) make any other order or give any other direction to further the achievement of the purpose of these Rules. Privacy at case conference

(7) The following persons ma y attend a case conference: (

a) the parties and their lawyers; (

b) the Smun’eem [child], (

i) if the Smun’eem [child] is 12 years of age or over, unless the judge orders otherwise, or (ii) if the Smun’eem [child] is under 12 years of age, if the judge allows the Smun’eem [child] to attend; (

c) any other person the judge allows. Direction where case conference to be conducted

(8) The chief judge may direct that a case conference set at one place be conducted at another place. RULE 5 – WITNESSES How to subpoena a witness

(1) To require a witness to attend court, a party must (

a) complete a Subpoena (Form 4), and (

b) serve a copy of the subpoena on the witness personally at least 7 days before the date the witness is required to appear. (See Rule 8) Travelling expenses

(2) At the time a subpoena is served, the party subpoenaing the witness must offer the witness (

a) for a subpoena to appear in person, reasonable estimated travelling expenses, or (

b) for a subpoena to appear by another method of attendance, the reasonable estimated cost of the telephone call, video conference or other method of attendance. How to change a witness’s method of attendance

(3) A witness may apply to a judge under Rule 11 (5) to change a witness’s method of attendance. Judge may change a witness’s method of attendance

(4) The judge may order a witness to attend court by any method of attendance that the judge considers appropriate in the circumstances. If a judge changes a witness’s method of attendance

(5) If a judge changes a witness’s method of attendance, the judge (

a) must direct the witness

page 10 with attachments (42 pages in total) (

i) how, and by what date, to subm it and serve any records and other things, if the witness will not be attending in person, and (ii) where or how to attend, including by providing a telephone number or video conferencing information, if applicable, and (

b) may order (

i) the return of any money that was provided under subrule (2) of this Rule, or (ii) that the party subpoenaing the witness pay for the witness’s travelling expenses, telephone call, video conference or other reasonable estimated cost of the method of attendance. What a witness served with a subpoena must do

(6) A witness who is served with a subpoena must (

a) appear in court on the date and at the time and place stated on the subpoena, and (

b) if the witness attends court in person, bring to court any records and other things required by the subpoena. Subpoena may be cancelled or varied

(7) A person who is served with a subpoena may apply under Rule 3 (2) or 11 (5) to a judge, who may (

a) cancel the subpoena if (

i) the person is not needed as a witness, (ii) it would be a hardship for the person to appear in court as required by the subpoena, or (iii) in the case of a child witness, the judge considers that it would not be in the child’s best interests to require the child to testify, or (

b) vary the subpoena to allow the witn ess to attend court by another method of attendance. If a witness does not obey a subpoena

(8) A judge may issue a Warrant (Form 5) for the arrest of a witness who does not appear in court as required by a subpoena if the judge is satisfied that (

a) the subpoena was served on the witness, (

b) reasonable travelling expenses we re offered to the witness, and (

c) justice requires the presence of the witness. How long a warrant for arrest of witness is in force

(9) A warrant remains in force until (

a) the witness named in the warrant appears in court either voluntarily or under the warrant, or (

b) a judge cancels the warrant.

page 11 with attachments (42 pages in total) After witness is arrested

(10) A witness who is arrested under a warrant must be brought before a judge or justice of the peace. What the judge may do when the witness appears

(11) If the witness’s evidence is still required, the judge may (

a) release the witness on giving the w itness a Release (Form 6) requiring the witness to appear in court on the date and at the time and place stated in the release, or (

b) order a sheriff or peace officer to detain the witness in custody until the presence of the witness is no longer required. Conditions of release

(12) A judge may make the release of a witnes s under subrule (11) (

a) of this Rule subject to any conditions respecting reporting or residency or entering into a recognizance that the judge considers necessary to make sure the witness attends. RULE 6 – H EARINGS How evidence is given

(1) At a hearing, evidence may be given ora lly on oath or affirmation or, if the judge allows, (

a) by affidavit, subject to Rule 7, (

b) by statements of facts agreed to by the parties, or (

c) as permitted under

section 8.6 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children]. If person does not appear

(2) If a person who is served with an applicat ion does not appear in court on the date and at the time and place set for the hearing, the judge may hear the application and make the order applied for if the judge thinks it is fair to do so in the absence of that person. Advance notice of experts’ evidence required

(3) A party may call an expert to give evidence of the expert’s opinion only if (

a) the party provides a written

summary of the expert’s evidence to all other parties at least 30 days before the expert is called to give evidence, or (

b) a judge grants permission. Experts’ reports must be given in advance

(4) Instead of calling an expert to give evidence, a party may introduce a report stating opinions of an expert, if (

a) the party provides a copy of the report to all other parties at least 30 days before the report is introduced, or (

b) a judge grants permission.

page 12 with attachments (42 pages in total) CEO not an expert

(5) For the purposes of notice under subrule (3) or (4) of this Rule, a CEO, or a delegate of a CEO, is not an expert. Experts’ qualifications

(6) A statement of qualifications in an expert ’s report is proof that the expert has those qualifications unless there is evidence to the contrary. Proof of signature not required

(7) A report stating the opinions of an expe rt may be introduced without proof of the expert’s signature. Experts may be called for cross-examination

(8) A party receiving another party’s expert report may serve on the ot her party, at least 14 days before the hearing date, a notice requiring the expert to attend the hearing for cross-examination. (See Rule 8) Cost of calling other party’s expert

(9) If a judge determines that calling anothe r party’s expert was unnecessary, the judge may order the party who required the expert to attend to pay the expert’s expenses. RULE 7 – A FFIDAVITS What form to use

(1) An affidavit permitted under th ese Rules must be in Form 7. Exhibits

(2) Any exhibits referred to in an affidavit mu st be identified and attached to the affidavit. Permission to use defective affidavit

(3) With the permission of the judge, an affida vit may be used in evidence even though it does not comply in form with this Rule. Affidavit must be filed and served

(4) Evidence may be given by affi davit at a hearing only if, at least 2 days before the date of the hearing, (

a) copies of the affidavit are filed in the registry, and (

b) a copy of the affidavit is served on every person who is entitled to notice of the hearing. (See Rule 8) RULE 8 – SERVICE AND PROVING SERVICE Definition

(1) In this Rule, “Provincial director” means a director as defined in

section 1 (1) of the Child, Family and Community Service Act.

page 13 with attachments (42 pages in total) Address for service

(2) An address for service may be any of the following: (

a) a mailing address; (

b) an email address; (

c) a facsimile number. Service requirements

(3) Unless the Snuw’uy’ulhtst u’ tu Shhw ’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children] or these Rules provide otherwise, an application must be served at least 10 days before the date set for the hearing (

a) on the other parties, and (

b) if an order is sought against some other person, on that person. When service is not required

(4) Service of an application is not required if (

a) the application is for permissi on to use another service method, (

b) the application is for access to a Smun’eem [child] under

section 6.12 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’ eem [Laws for Families and Children], (

c) the application is for a consent orde r and each of the required consents has been obtained, or is for an order dispensing with consent, under

section 8.13 of the Snuw’uy’ulhtst u’ tu Shhw ’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], (

d) the application is for a protective intervention order or restraining order under

section 8.14 of the Snuw’uy’ul htst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], or (

e) a judge so orders. Unfiled copy may be served

(5) A copy of an application or other doc ument served need not be a filed copy. How documents may be served

(6) Documents required by the Snuw’uy’ulht st u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children] or thes e Rules to be served may be served as follows: (

a) on an individual, (

i) by leaving a copy with the individual, (ii) by registered mail, email or facsimile transmission to the last address, email address or facsimile number given as an address for service under subrule (2) or (7) of this Rule, or (iii) if the individual is a party with a lawyer of record, by leaving a copy at that lawyer’s office or by email or facsimile transmission to that lawyer’s office; (

b) on a Speaker, by leaving a copy with the Speaker;

page 14 with attachments (42 pages in total) (

c) on a designated representative of a Fi rst Nation, of a Treaty First Nation or of the Nis×a’a Lisims Government or on an Indigenous governing body, (

i) by email to the email address, or by sending a facsimile transmission to the facsimile number, if provided as an address for service, or (ii) by leaving a copy with the designated representative or the Indigenous governing body at the main office of the designated repre- sentative or the Indigenous governing body, as applicable; (

d) on a society within the meaning of the Societies Act, (

i) by registered mail to the maili ng address of the society’s registered office on file with the Registrar of Companies, (ii) by leaving a copy at the delivery address of the society’s registered office on file with the Registrar of Companies or with a director or officer of the society, or (iii) if the society has provided an ema il address as an address for service, by email to the email address of the society; (

e) on a company within the meaning of the Business Corporations Act, (

i) by registered mail to the mailing address of the company’s registered office on file with the Registrar of Companies, (ii) by leaving a copy of it at th e delivery address of the company’s registered office on file with the Registrar of Companies or with a director or officer of the company, or with a receptionist or a person at the company’s place of busine ss who appears to manage the company’s business there, or (iii) if the company provided an email address as an address for service, by email to the email address of the company; (

f) on an unincorporated association, (

i) by registered mail to the regist ered office of the association, (ii) by leaving a copy with an officer of the association, or (iii) if the association provided an ema il address as an address for service, by email to the email address of the association; (

g) on a Provincial director, (

i) by leaving a copy with, or by sendi ng a facsimile transmission to, the Provincial director’s lawyer of record, (ii) by email to the Provincial director’s lawyer of record, or (iii) by leaving a copy at, or by sendi ng a facsimile transmission to, the district office with conduct of the case; (

h) on the CEO, (

i) by leaving a copy with, or by sendi ng a facsimile transmission to, the CEO or the CEO’s lawyer of record, (ii) by email to the CEO or to the CEO’s lawyer of record, or (iii) by leaving a copy at, or by sendi ng a facsimile transmission to, the main office of the Stsi’elh stuhw’ew’t-hw tun Smun’eem [Cowichan Tribes’ Child and Family Services Authority].

page 15 with attachments (42 pages in total) Party must give address

(7) A party must give an address for service either (

a) on the face of a document filed by the party, or (

b) by filing a Notice of Address for Service (Form 8). Person may give address

(8) A person entitled to notice under

section 8.27 (b), (c), (

d) or (

e) of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Law s for Families and Children] may file a Notice of Address for Service (Form 8). Party must notify of change of address

(9) If a party’s address for service changes, th e party must notify the other parties of the new address either (

a) on the face of a document filed by the party, or (

b) by filing a new Notice of Ad dress for Service (Form 8). Service on Smun’eem [child] 12 and over

(10) A document may be served on a Smun’eem [child] who is 12 years of age or older by, (

a) if the Smun’eem [child] has a Speaker, leaving a copy of it with the Speaker, or (

b) if the Smun’eem [child] does not have a Speaker, leaving a copy with the Smun’eem [child] unless a judge orders otherwise. Service on Smun’eem [child] under 12

(11) A document may be served on a Smun’eem [child] who is under 12 years of age by, (

a) if the Smun’eem [child] has a Speaker, leaving a copy of it with the Speaker, or (

b) if the Smun’eem [child] does not have a Speaker and if a judge so orders, leaving a copy with the Smun’eem [child]. Permission to use other service methods

(12) If a document cannot be served as provided in these Rules or if the person to be served is temporarily outside the Province, a person may apply to a judge who may (

a) permit another method of service to be used, and (

b) direct how service is to be proved. Proving service

(13) Service of a document may be proved by filing the following at the registry: (

a) for personal service of a document , a Certificate of Service (Form 9); (

b) for service by registered mail, a Certificate of Service (Form 9) that includes one of the following: (

i) a copy of the signature obtained by Canada Post at the time the document was delivered;

page 16 with attachments (42 pages in total) (ii) a printout of the delivery conf irmation made available on the internet by Canada Post; (

c) for personal service on the lawyer of record, a copy of the document signed by the lawyer of record, an articled student or a partner or employee of the firm; (

d) for service by facsimile transmission, a Certificate of Service (Form 9) with a transmission report generated by the sending machine; (

e) for service by email, a Certificate of Service (Form 9) with the following attached to the certificate: (

i) a printout of the first page of the email message that includes the sender’s name, the recipient’s email address, the date the email was sent and the time the email was sent; (ii) if the printout of the first page of the email message does not list the name of the document as an attachme nt to the email, a copy of the document. When service by email is deemed to be completed

(14) A document transmitted for service by email under this Rule is deemed to be served as follows: (

a) if the document is transmitted before 4 p.m. on a business day, the document is deemed to be served on the day of transmission; (

b) if the document is transmitted on a day that is not a business day, or after 4 p.m. on a business day, the document is deemed to be served on the next business day. If document does not reach person

(15) A judge may make orders or give dire ctions to serve a document in a specified manner or give any other order or direction that the judge considers appropriate if the document was served in accordance wi th this Rule, and a person shows on application that the document (

a) did not come to the person’s notice, (

b) came to the person’s notice later than when it was served or effectively served, or (

c) was incomplete or illegible. Judge may require copy of served document

(16) A judge may require that a copy of the serv ed document be attached to the Certificate of Service (Form 9). Oral proof of service

(17) Instead of requiring proof of service under subrule (13) of this Rule, a judge may allow a person to prove by sworn oral evidence that the person has personally served a document.

page 17 with attachments (42 pages in total) RULE 9 – O RDERS Effective date of order

(1) Unless the judge orders otherwise, an order takes effect on the day it was made. Who prepares order

(2) Unless the judge orders othe rwise, the CEO’s lawyer of record will prepare the order. Form of order

(3) Orders must be prepared in Form 10, or, in the case of a protective intervention order or a restraining order under

section 8.15 or 8.17 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], in Form 11. Approving the order

(4) An order must be signed as approved by the lawyer of record for each party who was represented, unless (

a) the judge orders otherwise, or (

b) the order, including a protective inte rvention order or restraining order, is made under

section 8.15 or 8.17 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children]. Settling the terms of an order

(5) A party may apply to a judge to settle th e terms of an order when there is a dispute about the terms. (See Rule 3 (2)) Delivering the order to the registry

(6) After an order is signed as approved in accordance with subrule (4) of this Rule, it must be (

a) delivered to the regist ry to be signed by a judge, (

b) filed with the court, and (

c) date-stamped with the registry stamp. Notice of order

(7) Unless the judge orders otherwise, after an order is signed by the judge and filed with the court, a clerk must provide a copy (

a) to the lawyer of record for ea ch party who was represented, and (

b) to every other party, on request. Correcting an order

(8) Any judge may correct, at any time, a cl erical mistake or omission in an order. RULE 10 – G ENERAL Proceedings may be informal

(1) Proceedings may be as info rmal as the judge permits.

page 18 with attachments (42 pages in total) Judge may adjourn hearing

(2) Whether or not the parties consent, a judge may adjourn a hearing to a specific date. Judge may shorten or extend time limits

(3) A judge may shorten a period of time for doing anything required under these Rules or may extend the period even though it has expired. Adjournment

(4) A hearing may be adjourned only (

a) with the permission of a judge, or (

b) in the case of a hearing at which sw orn oral evidence will not be given, if the CEO’s lawyer of record files w ith the court a Consent Adjournment (Form 12) after having obtained consent of all of the parties or their lawyer of record, as applicable. Changing or cancelling orders

(5) A judge may change or cancel an order ma de in the absence of a party who received notice of a hearing if (

a) that party applies for the change or cancellation within a reasonable time, (

b) the party had a good reason for failing to attend when the order was made, (

c) there is a good reason for cha nging or cancelling the order, and (

d) the change or cancellation would be in the best interests of the Smun’eem [child] in accordance with the Minimum Standards in

Part 3 of the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’ eem [Laws for Families and Children]. Notice to others

(6) At any time during a hearing, a judge may order that a person, whether or not a party, be given notice of the hearing. Powers that any judge may exercise

(7) Any judge may do any of the followi ng without being seized of a matter: (

a) receive the reports and information presented to the court at a presentation hearing; (

b) adjourn a hearing before evidence is heard; (

c) make orders or give dire ctions on procedural matters; (

d) hold a case conference under Rule 4; (

e) make orders about a pers on’s method of attendance at a case conference or hearing. Judge who starts a hearing must continue

(8) Subject to subrule (9) of this Rule, a j udge who has heard any evidence at a hearing must finish the hearing.

page 19 with attachments (42 pages in total) If judge cannot finish the hearing

(9) If a judge who has begun to hear evidence di es or is otherwise unable to act, another judge will hear the case and that judge may (

a) start the hearing again and rehear all the evidence, or (

b) with the consent of the parties, conti nue with the hearing where it left off, giving directions for hearing evidence as the judge considers necessary. Judge may give directions

(10) A judge may give (

a) a direction on any procedural matt er that is not provided for in the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’ eem [Laws for Families and Children] or these Rules, and (

b) any other direction the judge consider s appropriate in relation to evidence received from a Smun’eem [child]. Judge may exclude Smun’eem [child]

(11) A judge may exclude a Smun’eem [child] from the courtroom. Judge may order transfer of file

(12) A judge may order a file transferred to another regist ry in the Service Delivery Area, for the purposes of one applicati on or for all purposes, after considering (

a) the balance of convenience, (

b) any special circumstances that exist, and (

c) the best interests of the Smun’eem [child] in accordance with the Minimum Standards in

Part 3 of the Snuw’ uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children]. Transfer of file by consent

(13) If the parties agree, a clerk may transfer a file to another registry in the Service Delivery Area, for the purposes of one application or for all purposes, if the parties (

a) complete a written and signed consent to the transfer, and (

b) file the consent in the registry where the file is located. Copy permissible in some circumstances

(14) With the judge’s permission, a copy of a document may be used in court instead of the original. Documents filed by facsimile transmission

(15) Any document may be filed in a registry by facsimile transmission to that registry, but a judge may require that the original of a document be filed later.

page 20 with attachments (42 pages in total) Who may search files

(16) Unless a judge orders othe rwise, only the following persons may search a registry file respecting a matter under the Snuw’uy’ulhtst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children]: (

a) a party; (

b) a party’s lawyer of record; (

c) a person authorized in writing by a party; (

d) a person authorized in writing by a party’s lawyer of record. If a party does not comply with these Rules

(17) If a party does not comply with these Rules, the judge may, after considering sections 2.4, 2.5 and 3.2 of the Snuw’uy’ul htst u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws for Families and Children], (

a) cancel a step taken or an order made or disregard a document filed in the course of the application, or (

b) make any order or give any direction that the judge thinks is fair, including an order dismissing the application. Appendix A forms

(18) The forms in Appendix A are prescr ibed for the purposes of these Rules. User-generated forms

(19) Forms generated by the user must (

a) be in substantial compliance with the prescribed forms, and (

b) show the applicable words of the pres cribed form in regular type and the words supplied by the user in boldface type. Lawyer of record

(20) For the purposes of these Rules, (

a) a lawyer must provide notification to the other parties that the lawyer is the lawyer of record for a party by (

i) completing and filing with the court a Notice of Lawyer of Record for Party (Form 13), and (ii) serving on each party the form re ferred to in subparagraph (i), or (

b) a lawyer must advise the court, when appearing in court, that the lawyer is the lawyer of record for a party. Ceasing to be lawyer of record

(21) For the purposes of these Rules, (

a) a lawyer must provide notification to the other parties that the lawyer is no longer the lawyer of record for a party by (

i) completing and filing with the court a Notice of Removal of Lawyer of Record for Party (Form 14), and (ii) serving on each party the form re ferred to in subparagraph (i), or

page 21 with attachments (42 pages in total) (

b) a lawyer must advise the court, when appearing in court, that the lawyer is no longer the lawyer of record for a party. Judge may waive or modify process in respect of notification of lawyer of record

(22) A judge may, at any time, waive or modify the processes in subrules (20) and (21) of this Rule. RULE 11 – M ETHOD OF ATTENDANCE Default method of attendance

(1) Case conferences and hearings must be attended in person. Direction by chief judge for exception to default

(2) Despite subrule (1) of this Rule, the ch ief judge may direct that a class of case conferences or hearings may or must be attended by telephone, video conference or other means of electronic communication. Classes of case conferences and hearings

(3) A direction under subrule (2) of this Ru le may be different for different court locations, court registries, classes of case conferences or hearings or classes of persons or circumstances. Direction on how to attend

(4) If one or more of the following applies: (

a) the chief judge gives a direction unde r subrule (2) of this Rule that a case conference or hearing may or must be attended by telephone, video conference or other means of electronic communication; (

b) an application is grante d under subrule (5) of this Rule that a person may attend a case conference or hearing by telephone, video conference or other means of electronic communication; (

c) a person attends a hearing that is re quired under subrule (6) (

a) or (

b) of this Rule by telephone, video conference or other means of electronic commu- nication; (

d) a designated representative atte nds a case conference or hearing by telephone, video conference or other means of electronic communication, the court must direct the persons attending (

e) how, and by what date, to submit and serve any records and other things if the person will not be attending in person, and (

f) where or how to attend, including by providing a telephone number or video conferencing information, if applicable. Application to change method of attendance

(5) Despite subrules (1) and (2) of this Ru le, a person may apply to change the person’s own or another person’s method of attendance at a case c onference or hearing to the

page 22 with attachments (42 pages in total) court under Rule 3 (2) by completing and filing with the court an Application to Change Method of Attendance (Form 3). Requirement for notice of hearing

(6) An application under subrule (5) of this Ru le does not require service of notice, or a hearing, unless (

a) the judge requires notice and a hearing, in which case the judge may require service in accordance with Rule 8 or in any other manner the judge considers appropriate, or (

b) the application is in respect of a court proceeding at which sworn oral evidence will be given, in which case the judge may require service in accordance with Rule 8. Hearing on application to change method of attendance

(7) Unless a judge orders otherwise, a person may attend a hearing that is required under subrule (6) (

a) or (

b) of th is Rule by telephone, video conference or other means of electronic communication. Attendance by designated representatives

(8) A designated representative of a First Na tion, of a Treaty First Nation, of the Nis ×a’a Lisims Government or of an Indigenous community (

a) may, despite subrules (1) and (2) of this Rule, attend a case conference or hearing by telephone, video conferen ce or other means of electronic communication if the designated repr esentative does not intend to give sworn oral evidence or to call anothe r person to give sworn oral evidence, and (

b) must attend a case conference or heari ng in person if the designated repre- sentative intends to give sworn oral evidence or to call another person to give sworn oral evidence unless (

i) a direction under subrule (2) of th is Rule applies to the designated representative, or (ii) the designated representative ma kes a successful application under subrule (5) of this Rule. Requirement to appear in person

(9) Despite subrules (1) and (2) of this Rule, a judge conducting a case conference or hearing at which persons are appearing by telephone, video conference or other means of electronic communication may (

a) adjourn the conference or hearing at any time, and (

b) require persons to atte nd the case conference or hearing, or any further case conferences or hearings, in person or by another method of attendance that the judge considers appropriate in the circumstances.

page 23 with attachments (42 pages in total) Physical presence not required

(10) For the purposes of these Rules, other than subrules (1) and (8) (

b) of this Rule, a reference to attending, appearing, conducting, giving, being present, being in court or being at a place or location is not to be interpreted as requiring in-person attendance. Case conference or hearing has an associated physical location

(11) If a case conference or hearing does not take place at a physical location because all persons attend the case conference or hearing by telephone, video conference or other means of electronic communication, the case conference or hearing is considered to take place at the court served by the registry where the court file is.

APPENDIX A Form 1 Application For a Presentation Hearing Form 2 Application Respecting Orders Form 3 Application to Change Method of Attendance Form 4 Subpoena Form 5 Warrant Form 6 Release Form 7 Affidavit Form 8 Notice of A ddress For Service Form 9 Certificate of Service Form 10 Order Form 11 Protective Intervention Order Form 12 Consent Adjournment Form 13 Notice of Lawyer of Record For Party Form 14 Notice of Removal of Lawyer of Record Form 15 Written Consent

Application For a Presentation Hearing Form 1 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] In the matter of the Smun’eem Name Date(

s) of Birth (mm/dd/yyyy) The parent(s)/care provider(

s) of the Smun’eem is/are: Name This information is filed on behalf of the CEO by: Name Address City Province Postal Code Phone Fax Email Address Notice to: Name Address (include tel., fax #, and email address if applicable) The Smun’eem remain(

s) in the care of the parent(s)/care provider(

s) and the CEO applies under s. 7.27 for an order that t he CEO supervise that care, because the CEO has reasonable grounds to believe the Smun’eem needs protection, and a supervision order would be necessary to protect the Smun'eem. The Smun’eem was/were removed under the authority of the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of t he Cowichan People for Families and Children], s. 7.2 8 The CEO has clear and convincing evidence to believe the Smun’eem needs protection, AND s. 7.28 all Active Efforts to provide support and less disruptive Intervention Services have been exhausted, OR, s. 7. 28 parent(s)/care provider(

s) decl ine(

s) to participate in the voluntary processes of this Law, and no other less disruptive measure that is available is adequate to protect the Smun’eem, OR, s. 7.28 the Smun’eem is under a Continuing Custody Order, in which case the Smun’eem will be deemed to be in need of protection and the provisions of ss. 12.3 to 12.6 of the Law will apply. REGISTRY LOCATION REGISTRY FILE NUMBER Form 1 □ □ □ □ □ I I I

The Smun’eem has/have or has not/have not been returned to the parent(s)/care provider(s). A heari ng will take place on at am pm Date Time ⃞ in person at ⃞ by another method of attendance, as specified When remote appearance is included in the “by” field, you may choose to attend in that method. The report is either: attached to this form, OR will be available at the presentation hearing. Yes No Previous proceeding(

s) under the Child, Family and Community Service Act involving the Smun’eem or the Smun’eem’s sibling(

s) or the Stsi’elh stuhw’ew’t-hw tun Smun’eem: Details Yes No Previous proceeding(

s) under Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] involving the Smun’eem or the Smun’eem’s sibling(

s) or the Stsi’elh stuhw’ew’t-hw tun Smun’eem: Details Sign, type or print name Dated Lawyer of record for the CEO is: Name Contact information for the lawyer of record for the CEO: Address Phone Email attendance details court location Form 1 □ □ □ □ ----------- □ □ □ □ □ □

APPLICATION RESPECTING ORDERS Form 2 In the Provincial Court of British Col umbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] THE SMUN’EEM This is the name and birthdate of each Smun’eem involved. FILED BY: This is the name, address and email addre ss of the one who is making this application. NOTICE TO: This is the name address (and phone, fax number, and email address if applicable) of everyone who is required to be notified of the application.

COURT DA TE: This is the date, time and place of the hearing of the application. APPLYING FO R: This is the order that the court will be asked to make, and the

section of the Laws or Rule that allows it. REGISTRY LOCATION REGISTRY FILE NUMBER In the matter of the Smun’eem Name Date(

s) of Birth (mm/dd/yyyy) The parent(s)/care provider(

s) of the Smun’eem is/are: Name This application is filed by: Name Address City B.C.

Postal Code Phone Fax Email Address Notice to: Name Address (include tel., fax #, and email address if applicable) I will apply to this court on at am pm Date Time in person at court location by another method of attendance, as specified attendance details an order for access to, information about or examination of a Smun’eem (s. 6.12) an ordering varying no tice requirements (s. 8.8) a consent orde r (s. 8.13) an order dispensing with required cons ent (s. 8.13) a protective inte rvention or restraining order ( s. 8.15 or 8.17) a supervision order (s. 8.21) an order t hat a person be a party at a hearing (s. 8.29(g)) to cancel an order made at a presentation hearing (s. 8.31(c)) a temporary custody order placing a Smun’eem in the care, custody and guardianship of a person other than a parent (s. 8.33(b)) a temporary custody order placing a Smun’eem in the care, custody and guardianship of the CEO (s. 8.33(c)) an ongoing custody order placing a Smun’eem in ongoing custody of the CEO (s. 8.33(d)) an order for access to a Smun’eem (s. 8.35) an extension of an order (s. 8.38) a change to an order (s. 8.39(a)) a cancellation of an order (s. 8.39(a)) an order that a police officer take charge of a Smun’eem (s. 8.45) an order permitting use of another service method, as set out below (Rule 8(12)) When remote appearance is included in the "by" field, you may choose to attend in that method.

THE PARENT(S)/ CARE PROVIDER(

S) This is the name(

s) of the parent(s)/ care provider(

s) of the Smun’eem listed above. Form 2 L____I ___JI □ □ □ □ I i □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □

This is more information about the order asked for, whether or not it is one of the listed orders. Where an application is for an ongoing custody order under s. 8.33(

d) the following under s. 8.42 are applicable (complet e all that apply): all measures to maintain family unity have been exhausted the identity or l ocation of a parent of the Smun’eem has not been found after a diligent search and is not likely to be found the par ent is unable or unwi lling to resume custody of the Smun’eem no other family members are able or wi lling to assume custody of the Smun’eem due to t he nature and extent of the harm suf fered by the Smun’eem, or likelihood that the Smun’eem wil l suffer harm, there is lit tle prospect that it is in the best interests of the Smun’eem to be returned to the parent Complete this

section if you are asking the court to CHANGE or CANCEL AN ORDER FOR AN ORDER THAT: the attached order be cancelled; OR the attached order be changed to do the following: Since the order was made, circumstances have changed significantly as follows: REASONS: This is more information about the reasons why the court should change or cancel the order. an order as set out below Details of the order requested and the

section of the Law or Rule relied upon: Sign, type or print name Dated ADDRESS FOR SERVICE: This is the address where documents can be mailed, emailed, or faxed to the person making this application. Address for service if different from Applicant’s: Address City B.C. Postal Code Phone Fax Email Address The change or cancellation of the order would be in the best interest of the Smun’eem because: I make this application under Rule 10(5) s. 8.31 s. 8.33 s. 8.37 s. 8.38 s. 8.39 Form 2 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □

REGISTRY LOCATION REGISTRY FILE NUMBERAPPLICATION TO CHANGE METHOD OF A TTENDANCE Form 3 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [ Laws of the Cowichan People for Families and Children] I am Choose one of the following options Lawyer/Lawyer of Record for CEO or delegate Parent / Care Provider Designated Representative Other 1. I am applying for an order to allow: Select all options that apply Me Parent(s) / Care Provider(

s) Witness(es) Other (the "Participant") to attend at the: Case Conference Hearing Trial Continuation Other Scheduled for at by By another method of attendance as follows: Audioconference (telephone) Videoconference (MS Teams) I confirm the Participant has the means to appear by videoconference (computer/tablet/mobile, reliable internet connection) In person For the following reasons: Name In the matter of the Smun’eem: Name(

s) Date(

s) of Birth (mm/dd/yyyy) The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) Applicant name Address City Province Postal Code Phone Email Fax Name Include name(

s) Include name(

s) Choose one of the following options. If Hearing, Trial, Continuation, or Other, please also complete

section 2 below. Specify Specify mm/dd/yyyy Time Method of attendance Choose one of the following options Must complete this

section Check box if you have attached a page with further information Form 3 am pm □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ -----□ □ □

I understand I must promptly advise the other parties and other persons entitled to notice of this application of the outcome of this application, see Rule 8 Service and Proving Service. 2. The Participant intends t o present oral evidence (for example, the Participant intends to testify or call witnesses to testify) at the appearance noted above? Yes No If yes, this application must be served on all other parties and other persons entitled to notice of this application, see Rule 8 Service and Proving Service.

Additional information about oral evidence: The Participant intends on testifying and/or calling witnesses to testify 3. Select the f ollowing additional information that applies: The Participant requires and has requested or will request an interpreter The Participant intends on presenting written evidence Insert total number of witnesses _____ and brief description of nature of their evidence Registry to complete: brief description of document(

s) or materials Check box if you have attached a page with further information FOR COURT USE ONLY Presiding Judge: Hearing: required not required Application: granted denied Terms if granted/Reasons if denied: Further court directions: Signature Date FOR REGISTRY USE ONLY Advised at am/pm on . (Clerk initials) Name of applicant Time Date Check box if you have attached a page with further information Check box if you have attached a page with further information This application will be made to the court on at am pm court location in person at by another method of attendance, as specified attendance details You may attend the court appearance by another method as specified.

Form 3 □ □ □ □ I □ □ □ □ □ Date □ □ ----□ □ lime □ □ □ □ □ □ I

On: Date at Time am Postal Code pm at: Address City B.C. in person at by anot her method of attendance, as specified attendance details court location SUBPOENA Form 4 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] THE SMUN’EEM: This is the name and birthdate of each Smun’eem involved. THE PARENT(S)/ CARE PROVIDER(S): This is the name(

s) of the parent(s)/ care provider(

s) of the Smun’eem listed above. NOTICE TO: This is the name, address (and phone, fax number and email address if applicable) of the witness you are requiring to attend court. COURT DA TE: This is the date, time and method of attendance for the hearing. RECORDS TO BRING: If you want the witness to bring or submit to court any records or other things, list them here. If the court made an order that the witness attend in a way other than in person, include the terms of the order made by the judge.

You have been subpoenaed as a witness by and you must appear in court CANCELLING A SUBPOENA: Rule 5(7) tells how a subpoena may be cancelled. TRAVELLING EXPENSES: You must provide the witness with expenses related to their method of attendance at court. What happens if you do not attend? A judge may issue a warrant for your arrest. Can the subpoena be cancelled? If y ou believe that you are not needed as a witness or it would be a hardship for you to attend court, you may ask a judge to cancel the subpoena. You may also apply to a judge to change your method of attendance from what is listed on the summons.

Da te Signa ture of person issuing subpoena $ is attached for reasonable expenses related to the method of your attendance at court. In the matter of the Smun’eem Name(

s) Date(

s) of Birth (mm/dd/yyyy) You must bring the following records and other things to court: REGISTRY LOCATION REGISTRY FILE NUMBER The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) To: Name Address Postal Code City B.C. Phone Fax Email Form 4 1-1 - ' I I, I I 7 I □ □ I □ □ - l - - - - - - ~ - I ___ I

WARRANT Form 5 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] In the matter of the Smun’eem Name(

s) Date(

s) of Birth (mm/dd/yyyy) The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) WARRANT TO ARREST To all Peace Ofﬁcers in British Columbia: This Court orders you to arrest and bring that person before any Judge or Justice of the Peace as soon as practicable. The reason for the arrest is that: the person did not attend this Court at Court Location on Date as required by a subpoena; OR the person did not comply with an order under

section 6.12(

a) to disclose the location of the Smun’eem; WARRANT TO ENTER DWELLING AND ARREST To all Peace Ofﬁcers in British Columbia: This Court authorizes you to enter the dwelling located at and arrest under the following terms (if any): provided t hat: immediately before the entry, you have reasonable grounds to believe that the person is present in the dwelling; and the person is brought before any Judge or Justice of the Peace as soon as practicable. The reason for the arrest is that there are reasonable grounds to believe that the person has contravened or is contravening a protective intervention order under

section 8.15 of the Law. Dated OR REGISTRY LOCATION REGISTRY FILE NUMBER the person did not comply with an order under

section 6.12(

b) to allow the CEO to interview or visually examine the Smun’eem; the person did not comply with an order under

section 6.12(

c) to allow a CEO to enter and remove the Smun’eem from the place where the Smun’eem is located for the purpose of transporting them to a place for an interview or medical examination; the person did not comply with an order under

section 6.12(

d) allowing a health care provider to examine the Smun’eem; A Judge of the Provincial Court of British Columbia or Clerk on behalf of Form 5 □ □ □ □ □ Address □ City

RELEASE Form 6 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] Form 6 REGISTRY LOCATION REGISTRY FILE NUMBER In the matter of the Smun’eem Name(

s) Date(

s) of Birth (mm/dd/yyyy) The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) B.C. I promise to attend the Provincial Court on: at am pm in person at court location by another method of attendance, as specified attendance details When remote appearance is included in the “by” field, you may choose to attend in that method. I am released on these conditions, imposed under Rule 5(12): My name, address, telephone number, and email address as shown on this Release are correct. I understand that if I do not attend court on the date and time shown, a judge may issue a warrant for my arrest.

Signature of person being released: Dated A Judge of the Provincial Court of British Columbia or A Justice of the Peace for British Columbia Name Address City Postal Code Email Address (if available) Phone □ □ Date lime □ □ I I

THE SMUN’EEM: This is the name and birthdate of each AFFIDAVIT Form 7 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] Signature In the matter of the Smun’eem Name(

s) Date(

s) of Birth (mm/dd/yyyy) I, Name of, Address City Prov. swear that: 1. I know or ﬁrmly believe the following facts to be true. Where these facts are based on information from others, I have stated the source of that information and I ﬁrmly believe that information to be true. 2. I make this afﬁdavit in relation to an application by me or by Name 3. 4. 5. 6. Sworn before me on at British Columbia A Commissioner for taking Afﬁdavits for British Columbia This afﬁdavit is ﬁled by: Name of: Address City Prov. Postal Code Phone Fax Smun’eem involved. THE PARENT(S)/ CARE PROVIDER(S): This is the name(

s) of the parent(s)/care provider(

s) of the Smun’eem listed above. YOUR NAME: This is the name and address of the person swearing the afﬁdavit. I SWEAR: By signing this afﬁdavit, you are giving your oath that it is true. Paragraph 2: Is this afﬁdavit being used in support of your own application, or is it for someone else? If anything in your afﬁdavit is based on information received from others, state the name of the person who provided the information. If you need more space, simpl y indicate that a page is attached. If so, put the oath (signature)

section at the end of the last sheet. SWORN BEFORE: The afﬁdavit must be sworn before a qualiﬁed person. You may do this at the registry. FILED BY: The name and address of the person ﬁling the afﬁdavit goes here. (This may or may not be the person who swears the afﬁdavit.) The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) Date REGISTRY LOCATION REGISTRY FILE NUMBER Form 7 □---

NOTICE OF ADDRESS FOR SERVICE Form 8 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] REGISTRY FILE NUMBER REGISTRY LOCATION Type, print or sign name In the matter of the Smun’eem: Name(

s) Date(

s) of Birth (mm/dd/yyyy) THE SMUN’EEM: This is the name and birthdate of each Smun’eem This is my address for service in this matter: Name Address City B.C. Postal Code Personal service Address same as above Date involved. THE PARENT(S)/ CARE PROVIDER(S): This is the name(

s) of the parent(s)/care provider(

s) of the Smun’eem listed above. ADDRESS FOR SERVICE: This is important because it is the address where the registry and other parties will send any further notices or information to you. It may or may not be the same as your home address. If your address changes, fill out another Notice of Address for Service and file it. Check the appropriate box. The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) Service by email Email address Service by facsimile transmission to this number: Fax no. Change of information. My address has changed, and the new address(es) are effective on Date : By submitting this form, I acknowledge that I will receive notice of court proceedings from the court and the other parties by one of the methods selected above. Form 8 □ □ □ □

CERTIFICATE OF SERVICE Form 9 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [ Laws of the Cowichan People for Families and Children] REGISTRY FILE NUMBER REGISTRY LOCATION Signature In the matter of the Smun’eem: Name(

s) Date(

s) of Birth (mm/dd/yyyy) Dated City Province I certify that I, Name of Address served Name of person served on Date at Addr ess/facsimile number/email address with a copy of: (List each document served) by leaving with them personally; by mailing to them by registered mail. Attached and marked as an exhibit to this certificate is: confirmation of delivery or a printout of their signature from Canada Post, marked Exhibit “____”, or the unopened envelope returned by Canada Post, marked Exhibit “ ”, by sending by email to the email address confirmed on Date .

Attached and marked as Exhibit “_____” to this certificate is a copy of the email sent, including the time delivered and confirming it was sent to Email address which is the email address of Name ; by sending the copy by facsimile transmission. Attached and marked as Exhibit “ ” to this certificate is a transmission report generated by the sending machine, confirming transmission to Number which is the facsimile number of Name The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) Form 9 □ □ □ □ □ □

Form 10 Before the Honourable Judge on . After a hearing at on where appeared as lawyer/lawyer of record for . And on the C ourt determining that a court appearance is not required (and notice is not required) after att endance in court at a at on by: Persons appearing: lawyer/lawyer of record lawyer/lawyer of record THIS COURT ORDER S: Approved as to form: (A signature line in the following form must be completed and signed by or for each approving party) Signature of , party lawyer/lawyer of record for Signature of , party lawyer/lawyer of record for By the Court The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) court location name of judge REGISTRY LOCATION REGISTRY FILE NUMBER mm/dd/yyyy mm/dd/yyyy ORDER Form 10 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [ Laws of the Cowichan People for Families and Children] In the matter of the Smun’eem: Name(

s) Date(

s) of birth (mm/dd/yyyy) appearance type court location mm/dd/yyyy (signature) (type or print name) (name of party/parties) (signature) (type or print name) (name of party/parties) □ □ □ □ □ □

Form 11 PROTECTIVE INTERVENTION ORDER Form 11 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] REGISTRY FILE NUMBER REGISTRY LOCATION In the matter of the Smun’eem: Name(

s) Date(

s) of Birth (mm/dd/yyyy) The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) Before the Honourable Judge on After a hearing at on where the following people appeared: Name appeared as lawyer/lawyer of record for Name appeared as lawyer/lawyer of record for (if applicable) By consent Without notice to others (if applicable) After a hearing at the order dated is changed as stated below. THIS COURT ORDERS Name mm/dd/yyyy mm/dd/yyyyadd additional lines as required court location court location mm/dd/yyyy Select one or more of the following provisions, as applicable, complete the selected provision(

s) and remove the provision(

s) that is/ are not selected so that it/they do(es) not appear in the draft order when submitted for filing. full name and date of birth of person prohibited Smun’eem full name(

s) full name and date of birth of person restrained full name and date of birth of person restrained specify person(

s) must report to the court, or to under

section 8.17 of the Laws, that is prohibited for a period of trying to contact or interfere with Smun’eem full name(

s) from directly or indirectly contacting or interfering with or the Smun’eem is located. enter into a recognizance, with or without sureties, in an amount of $ under

section 8.17 of the Laws, that at the following times and places the Court directs, as follows: specify under

section 8.17 of the Laws, that or from entering any place where for the following period of time and □ □ □ □ □ I - ___JI

THIS COURT ORDERS full name and date of birth of person restrained specify documents DatedBy the Court DISOBEYING THIS ORDER IS A CRIMINAL OFFENCE UNDER

SECTION 127 OF THE CRIMINAL CODE PUNISHABLE BY FINE OR IMPRISONMENT TAKE NOTICE THAT any police officer, including any R.C.M.P . officer having jurisdiction in the province of British Columbia, having reasonable and probable grounds to believe that the person against whom this order is made has contravened a term of this order may take action to enforce the order, whether or not there is proof that the order has been served on the person and, if necessary, may use reasonable force. Enforcement action may include arresting the person against whom this order is made without a warrant in accordance with

section 495 of the Criminal Code. under

section 8.17 of the Laws, that produce relevant specific documents, Form 11 □

Form 12 CONSENT ADJOURNMENT Form 12 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children] In the matter of the Smun’eem: Name(

s) Date(

s) of birth (mm/dd/yyyy) Anyone who is entitled to notice of the appearance and has party status if they appeared at the application being adjourned, consent that the application(

s) filed on for is adjourned to at (T ime estimate: ) This dat e has been obtained from the (select one) Registry JCM (judicial case manager) Name of person(s): Lawyer of Record: Name of person(s): Lawyer of Record: Name of person(s): Lawyer of Record: Name of person(s): Lawyer of Record: Filed by: Date: Contact information for the lawyer of record for the CEO or delegate: Important information Lawyer of record for the CEO or delegate shall use one form for each court file and may only use the form where the lawyer of record is adjourning a file from one date to another with the same time estimate (or less).

This form cannot be used to adjourn hearings at which sworn oral evidence will be given. The parent(s)/care provider(

s) of the Smun’eem is/are: Name(

s) Address Type or print name of lawyer of record for the CEO or delegate Type of court appearance Time Phone Email Date(

s) application(

s) filed mm/dd/yyyy REGISTRY L OCATION REGISTRY FILE NUMBER mm/dd/yyyy in person at by another method of attendance, as specified Court location Attendance details Lawyer of record for the CEO or delegate filing this form confirms they have obtained the consent of all parties or their lawyer of record and shall provide all other parties or their lawyer of record with a copy of the filed form with the new court date and appearance details obtained from the court registry or the judicial case manager. am pm □ □ □ □ □ 1-- DI DI

Form 13 REGISTRY FILE NUMBER REGISTRY LOCATION I, of am the lawyer of record for the following party / parties: Provide the full name of each party the lawyer of record is representing I will be representing the party / parties identified above as follows: Select all options that apply on all issues until further notice to the court other (specify): The contact information and address for service of court documents are: F irm name (if applicable) Address City Province Postal Code Email Telephone I understand I need to serve each other party with a filed copy of this notice.

Firm name, if applicable Full name of lawyer of record Sign, print or type name NOTICE OF LAWYER OF RECORD FOR PARTY Form 13 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [ Laws of the Cowichan People for Families and Children] Fax Dated mm/dd/yyyy □ □

Form 14 REGISTRY FILE NUMBER REGISTRY LOCATION I, am no longer representing on this case effective . The contact information and address for service of court documents are now changed to: Lawyer name (if applicable): Party: at Address of Party City Province Postal Code Email Telephone I understand I need to serve each other party with a filed copy of this notice.

Full name of lawyer of record Sign, print or type name Full name of party/parties mm/dd/yyyy NOTICE OF REMOVAL OF LAWYER OF RECORD FOR PARTY Form 14 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [ Laws of the Cowichan People for Families and Children] mm/dd/yyyy Fax Dated □ □-----

Form 15 WRITTEN CONSENT Form 15 In the Provincial Court of British Columbia Under the Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [ Laws of the Cowichan People for Families and Children] REGISTRY FILE NUMBER REGISTRY LOCATION Signature Witness Signature Witness Name Dated Dated In the matter of the Smun’eem: Name Date(

s) of Birth (mm/dd/yyyy) The parent(s)/care provider(

s) of the Smun’eem is/are: Name Prov. . I, Name of Address City consent to the making of a Consent Order under

section 8.13 of the Law with reference to

section Details of the consent order including any terms or conditions: I am: the CEO or the CEO's delegate. the Smun’eem, 12 years of age and older. the Smun’eem's parent/care provider. a person who has custody of the Smun’eem under

section 8.33 or 8.42 of the Law. a person to whom the court has been requested to grant custody of the Smun’eem under

section 8.33 or 8.42 of the Law. the Public Guardian and Trustee. I understand the nature and the consequences of this consent. My consent to the order is voluntary. □ □ □ □ □ □ □ □

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 429/2024
Type	order_in_council
Volume / chapter	arc oic 0429 2024
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fd3a119154fd2998096417b4c102cbffde2c1621

Source file is stored in the law ingest library (pdf).