Precedent - Procedural Filings

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PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Appearance in Chambers

NOTICE TO APPEAR IN CHAMBERS

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE TO APPEAR IN CRIMINAL CHAMBERS




WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that before a Presiding Justice of the [name of superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse],

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. [identify what is being asked for in the appearance: e.g. scheduling a hearing date(s) for a XXX Application]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

Application to Adjourn Trial

See also: Adjournments
NOTICE OF APPLICATION TO ADJOURN TRIAL

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF APPLICATION TO ADJOURN TRIAL
571 or 606(3) of the Criminal Code




WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].

TAKE NOTICE that before a Presiding Justice of the [name of inferiror/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse],

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:

  1. [give a short description of the reasons for adjournment]
  2. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An order granting the adjournment of all trial dates and order the scheduling of a hearing to set new trial dates.

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

Designation of Counsel

DESIGNATION OF COUNSEL

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




DESIGNATION OF COUNSEL
(Pursuant to Section 650.01 of the Criminal Code)




I, [accused name] (DOB: [date of birth]), of [City], Province of [Province], have been charged as follows:

Name of Offence Section Offence Date(s)
__________________________________ ________ __________________________________
__________________________________ ________ __________________________________
__________________________________ ________ __________________________________

I have retained the following counsel to represent me in the above-noted charges:

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

TAKE NOTICE that I hereby designate [name of counsel], and his/her associates or clerks from time to time, to represent me with respect to all matters permitted pursuant to s. 650.01 (1) of the Criminal Code and to appear on my behalf in all court proceedings arising out of the above-noted charges except when the Court may require my attendance or when my presence is required pursuant to s. 650.01(3) of the Criminal Code.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[Accused name]
ACCUSED PERSON

_______________________________
[counsel name]
DESIGNATED COUNSEL






I, [accused name], hereby revoke the above designation.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[Accused name]
ACCUSED PERSON

Notice of Re-Election

See also: Defence Re-Election
Notice of Re-Election

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF RE-ELECTION




WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND WHEREAS the Crown elected the accused, [accused] to be tried by way of Indictment Direct Indictment and the accused initially elected to be tried by:

Provincial Court Judge
Superior Court Judge Alone
...with a Preliminary Inquiry
Superior Court Judge with a Jury
...with a Preliminary Inquiry

AND WHEREAS this Notice is provided

More than 60 days before Trial,
60 days or less before trial,
Before the completion of the preliminary inquiry
After the completion of the preliminary inquiry
...less than 60 days after preliminary inquiry
...60 days or more after preliminary inquiry

TAKE NOTICE that the accused pursuant to Section 561 of the Criminal Code, seeks to re-elect to be tried by:

Provincial Court Judge (561(1)(a), (3), and (5))
Superior Court Judge Alone (473, 561(1)(b), (c),(2) to (5), 565(2), (3))
...with a Preliminary Inquiry
Superior Court Judge with a Jury (561(1)(b), (c), (2), (4), (5))
...with a Preliminary Inquiry

AND TAKE NOTICE that the Attorney General, as represented by counsel for Her Majesty the Queen, consent to the accused being tried by way of summary conviction.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[defence name]
Defence title






CONSENTED TO:

I, [name of crown attorney], Crown Attorney, hereby consent to the re-election to the requested level of court.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[Crown name]
Crown title


TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]


[ The notice must go to court that was anticipating the next hearing]


Notice of Application to For Testimonial Accomodation

See also: Defence Re-Election
Notice of Application for Testimonial Accomodation

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF APPLICATION
Testimonial Accomodation Under Section XXX




WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].


DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Notice of Application to Amend An Information/Indictment

NB: This Notice is to the Court and CC'd to the Defence counsel.

NOTICE TO VARY CHARGES UNDER SECTION 601(2)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE TO VARY INDICTMENT TO CONFORM TO THE EVIDENCE
(Section 601(2) of the Criminal Code)




WHEREAS the accused, [accused name], has been charged on an [Indictment/information] that on or about [date] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code, inlcuding allegation(s) on the [Indictment/Information] reading as follows:

  • [vertabim wording of the charges that are being sought to be amended]

AND WHEREAS the accused is scheduled to begin trial in [level of court] beginning [first day of trial];

AND WHEREAS the Crown anticipates the following evidence to be adduced as part of its case:

  • [list the anticipated evidence that would support the new variation of the relevant offence]

AND WHEREAS the Crown take the position that:

  • Section 601(2) authorizes the court to amend a count on an indictment to “conform to the evidence, where there is a variance between the evidence” and “a count on the indictment”.
  • This discretionary power is guided by mandatory factors listed in s. 601(4), which the court must consider. Those factors consist of:
(a) the matters disclosed by the evidence taken on the preliminary inquiry;
(b) the evidence taken on the trial, if any;
(c) the circumstances of the case;
(d) whether the accused has been misled or prejudiced in his defence by any variance, error or omission mentioned in subsection (2) [power to amend where variance from evidence] or (3) [power to amend defective indictment]; and
(e) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.
  • These factors are designed to ensure that procedural fairness is maintained.
  • [outline the Crown's position on how a different charge fits the evidence]
  • [outline the Crown's position on the lack of prejudice]

TAKE NOTICE THAT before the closing of the Crown's case, the Crown will make application to vary the [information/indictment] to conform with the evidence heard pursuant to section 601(2) of the Criminal Code, being count XX of the [Indictment/Information] of [swearing date], such that it should read as amended:

  1. [insert new text for the particular count]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]