Defence File Review Checklist

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File Review

FILE CHECKLIST


FIRST APPEARANCE ISSUES
  • Necessary Publication Bans
SUFFICIENCY OF NOTICES
  • Increased Penalty Notices s. 727 of Code or s. 8 of CDSA:
    • Section 109 Weapons Prohibition Order (If subject to prior Order)
    • Crown Give Notice to Rely on Prior Conviction for 85 to 103, 253, 254, 344 [firearms]; s. 5(3) CDSA


SUFFICIENCY OF CHARGES
  • Review Form of Charges:
    • Range of dates conforms to evidence?
    • Verify Wording of Offence, Section, and Victim(s)


DISCLOSURE REVIEW FOR COMPLETENESS
  • List names of people who are mentioned but no statement can be found. Determine whether to confirm whether they were interviewed.
  • Determine if any witness is referring to or referencing a document not in disclosure
  • Examine all photocopies and handwritten notes. Be sure that they are legible' and not cut-off in the copying process.
Seized Exhibits
  • Review list of exhibit items seized by police for documents or photographs. Verify that they been included in the disclosure. Consider requesting copies of photographs of the items.
  • Review list of exhibit items seized by police that are electronic devices. Verify the status of their examination and likely timeline for any report. Consider whether to request disclosure of a forensic copy for the purpose of review by defence expert.
Relevant Investigative Files
  • Does disclosure mention other investigations relevant to the case. Consider whether the contents may have relevant information within it.
Co-Accused Cases
  • Request a list of records that are in the possession of the Crown that were disclosed to one co-accused but withheld for irrelevancy to counsel.
DEFENCE DOCUMENTS
  • Request Certified Documents:
    • [list documents]
  • Expert Witness Notice
  • Drafting of Joint Statement of Fact
OTHER TRIAL READINESS ISSUES
  • Out of Province Subpoena Applications required for: ___________________
  • Make travel arrangements for: _______________________________________
  • Interpreter Needed?
    • Court notified for booking?
  • Video-link Needed?
    • Court notified for booking?
  • Order Transcripts of police statements: __________________________
Needed by: _____________________
  • Order Transcripts of preliminary inquiry: _________________________
Needed by: ______________________
  • Preparing Exhibits (4 copies Judge alone [W, J, D, and C] or 18 copies for Jury trial [4 + 12 + 2 extra]):
[list exhibits here]
  • Testimonial Aids:
[ ] Video link out of country
[ ] Video link out of province
[ ] Support Person
[ ] Testimonial Screen
[ ] Video link for vulnerable witnesses


  • Hearing Estimates:
    • Time Estimate Trial: _____________ Prelim. _______________


SENTENCING
  • Letters of Reference
  • PSR / PDR Notification
  • Prepare client for s. 726 address to Court
CONCLUSION OF FILE