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| =Volume IV: Procedure and Practice= | | =Volume IV: Procedure and Practice= |
| | {{Seealso|Topic Index}} |
| | =Volumes= |
| | * [[Full Text:Volume 4A|Full Text:Volume 4A - Police Powers and Bail]] |
| | * [[Full Text:Volume 4B|Full Text:Volume 4B - Pre-trial Matters]] |
| | * [[Full Text:Volume 4C|Full Text:Volume 4C - Preliminiary Inquiry, Trial and Verdict]] |
| | * [[Full Text:Volume 4D|Full Text:Volume 4D - Mental Health]] |
| | * [[Full Text:Volume 4E|Full Text:Volume 4E - Appeals]] |
| | |
| =Introduction to Procedure and Practice= | | =Introduction to Procedure and Practice= |
| {{:Introduction to Procedure and Practice}} | | {{:Introduction to Procedure and Practice}} |
| =Arrest, Detention and Release=
| |
| =Arrest and Detention=
| |
| {{:Arrest and Detention}}
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| =Investigative Detention=
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| {{:Investigative Detention}}
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| =Warrantless Arrests=
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| {{:Warrantless Arrests}}
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| =Post-Charge Detention=
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| {{:Post-Charge Detention}}
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| =Warrant Arrests=
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| {{:Warrant Arrests}}
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| =Accused Arrest Warrants for Failing to Attend Court=
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| {{:Accused Arrest Warrants for Failing to Attend Court}}
| |
| =Arrest Warrants for Witnesses=
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| {{:Arrest Warrants for Witnesses}}
| |
| =Arrest Warrant for Breach of Court Orders=
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| {{:Arrest Warrant for Breach of Court Orders}}
| |
| =Out of Province Arrest Warrants=
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| {{:Out of Province Arrest Warrants}}
| |
| =Reasonable Suspicion=
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| {{:Reasonable Suspicion}}
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| =Procedural Rights=
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| =Arrest Procedure=
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| {{:Arrest Procedure}}
| |
| =Right to be Informed of Charges=
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| {{:Right to be Informed of Charges}}
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| =Right to be Informed of Reasons for Arrest or Detention=
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| {{:Right to be Informed of Reasons for Arrest or Detention}}
| |
| =Right to Counsel=
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| {{:Right to Counsel}}
| |
| =Informational Component to Right to Counsel=
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| {{:Informational Component to Right to Counsel}}
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| =Implementation Component to Right to Counsel=
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| {{:Implementation Component to Right to Counsel}}
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| =Right to Additional Opportunities to Consult with Counsel=
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| {{:Right to Additional Opportunities to Consult with Counsel}}
| |
| =Post-Charge Detention=
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| {{:Post-Charge Detention}}
| |
| =Waiver of Charter Rights=
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| {{:Waiver of Charter Rights}}
| |
| =Exclusion of Evidence Under Section 24(2) of the Charter=
| |
| {{:Exclusion of Evidence Under Section 24(2) of the Charter|Exclusion of Evidence on Rights Violation}}
| |
| =Post-Charge Detention=
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| {{:Post-Charge Detention}}
| |
| =Compelling the Accused to Attend Court=
| |
| {{:Compelling the Accused to Attend Court|Compelling Attendance}}
| |
| =Compelling Attendance by Accused Without Arrest=
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| {{:Compelling Attendance by Accused Without Arrest}}
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| =Warrantless Arrests=
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| {{:Warrantless Arrests}}
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| =Warrant Arrests=
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| {{:Warrant Arrests}}
| |
| =Laying of an Information=
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| {{:Laying of an Information}}
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| =Issuing Process=
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| {{:Issuing Process}}
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| =Release by Police=
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| {{:Release by Police}}
| |
| =Procuring the Attendance of a Prisoner=
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| {{:Procuring the Attendance of a Prisoner}}
| |
| =Transfer of Matters to Other Provinces or Territories=
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| {{:Transfer of Matters to Other Provinces or Territories}}
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| =Judicial Interim Release / Bail=
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| {{:Judicial Interim Release|Judicial Interim Release / Bail}}
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| =Bail Hearings=
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| {{:Bail Hearings}}
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| =Grounds for Release=
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| {{:Grounds for Release}}
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| =Release With and Without Sureties and Deposits=
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| {{:Release With and Without Sureties and Deposits|Sureties and Deposits}}
| |
| =Terms of Release=
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| {{:Terms of Release}}
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| =Breach of Release Conditions=
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| {{:Breach of Release Conditions}}
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| =Bail Revocation and Termination=
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| {{:Bail Revocation and Termination}}
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| =Estreatment of Recognizance=
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| {{:Estreatment of Recognizance}}
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| =Bail Pending Appeal=
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| {{:Bail Pending Appeal}}
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| =Bail Review=
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| {{:Bail Review}}
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| =Bail for Young Accused=
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| {{:Bail for Young Accused}}
| |
| =Extradition=
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| {{:Extradition}}
| |
|
| |
| =The Parties in a Proceeding=
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| =Role of the Crown=
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| {{:Role of the Crown}}
| |
| =Prosecutorial Discretion=
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| {{:Prosecutorial Discretion}}
| |
| =Role of the Defence Counsel=
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| {{:Role of the Defence Counsel}}
| |
| =Conflicts of Interest=
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| {{:Conflicts of Interest}}
| |
| =Role of Law Enforcement=
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| {{:Role of Law Enforcement}}
| |
| =Accused in Court=
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| {{:Accused in Court|Role of the Accused}}
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| =Sitting Position of the Accused at Trial=
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| {{:Sitting Position of the Accused at Trial}}
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| =Role of Trial Judge=
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| {{:Role of Trial Judge}}
| |
| =Procedural Powers of a Preliminary Inquiry Judge=
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| {{:Procedural Powers of a Preliminary Inquiry Judge}}
| |
| =Judicial Immunity=
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| {{:Judicial Immunity}}
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| =Judicial Neutrality and Bias=
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| {{:Judicial Neutrality and Bias}}
| |
| =Functus Officio=
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| {{:Functus Officio}})
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| =Role of the Victim and Third Parties=
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| {{:Role of the Victim and Third Parties}}
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|
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| =Disclosure=
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| {{:Crown Duty to Disclose}}
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| =Types of Disclosable Materials=
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| {{:Types of Disclosable Materials}}
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| =Limitations on Access to Disclosure=
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| {{:Limitations on Access to Disclosure}})
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| =Police Duty to Collect Evidence=
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| {{:Police Duty to Collect Evidence}}
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| =Lost or Destroyed Evidence=
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| {{:Lost or Destroyed Evidence}}
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| =Disclosure of Third Party Records=
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| {{:Disclosure of Third Party Records}}
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| =Remedy for Breach of Disclosure Obligation=
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| {{:Remedy for Breach of Disclosure Obligation}}
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| =Demand for Particulars=
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| {{:Particulars|Demand for Particulars}}
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| =Production Orders=
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| {{:Production Orders}}
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| =Special Disclosure Issues=
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| {{:Special Disclosure Issues}}
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| =Access to Exhibits and Seized Property=
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| {{:Access to Exhibits and Seized Property}}
| |
|
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| =Courts and Charges=
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| =Criminal Courts and Charges=
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| =Criminal Courts=
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| {{:Criminal Courts}}
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| =Jurisdiction of the Courts=
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| {{:Jurisdiction of the Courts}}
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| =Extra-Territorial Jurisdiction of the Courts=
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| {{:Extra-Territorial Jurisdiction of the Courts}}
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| =Special Jurisdiction for Offences Over Water=
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| {{:Special Jurisdiction for Offences Over Water}}
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| =Procedure for Young Accused=
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| {{:Procedure for Young Accused}}
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| =Informations and Indictments=
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| {{:Informations and Indictments}}
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| =Laying of an Information=
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| {{:Laying of an Information}}
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| =Direct Indictments=
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| {{:Direct Indictments}}
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| =Form and Content of Charges=
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| {{:Form and Content of Charges}}
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| =Joinder and Severance of Charges=
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| {{:Joinder and Severance of Charges}}
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| =Amendments to Charges=
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| {{:Amendments to Charges}}
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| =Private Prosecutions=
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| {{:Private Prosecutions}}
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| =Types of Offences=
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| {{:Types of Offences}}
| |
|
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| =Public Access to Courts=
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| =Open Court Principle=
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| {{:Open Court Principle}}
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| =Public and Media Restrictions=
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| {{:Public and Media Restrictions}}
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| =Statutory Publication Ban on Court Proceedings=
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| {{:Statutory Publication Ban on Court Proceedings}}
| |
| =Excluding People From Court=
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| {{:Excluding People From Court}})
| |
| =Publication Bans Relating to Youth Prosecutions=
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| {{:Publication Bans Relating to Youth Prosecutions}}
| |
| =Access to Records Relating to Youth Prosecutions=
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| {{:Access to Records Relating to Youth Prosecutions}}
| |
| =Access to Exhibits and Seized Property=
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| {{:Access to Exhibits and Seized Property}}
| |
| =Sealing and Unsealing Judicial Authorizations=
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| {{:Sealing and Unsealing Judicial Authorizations}}
| |
|
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| =Pre-Hearing Stages=
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| =Initial Court Appearances=
| |
| =Arraignment and Plea=
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| {{:Arraignment and Plea}}
| |
| =Plea of Not Guilty and Other Pleas=
| |
| {{:Plea of Not Guilty and Other Pleas}}
| |
| =Election=
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| {{:Election}}
| |
| =Crown Election=
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| {{:Crown Election}}
| |
| =Defence Election=
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| {{:Defence Election}})
| |
| =Choice of Language=
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| {{:Choice of Language}}
| |
| =Case Management=
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| {{:Case Management|Case Management Hearings}}
| |
| =Applications and Motions Procedure=
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| {{:Applications and Motions Procedure}}
| |
| =Voir Dire=
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| {{:Voir Dire}}
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| =Charter Applications=
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| {{:Charter Applications}}
| |
| =Adjournments=
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| {{:Adjournments}}
| |
| =Public and Media Restrictions=
| |
| {{:Public and Media Restrictions|Publication Bans}}
| |
| =Change of Venue=
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| {{:Change of Venue}}
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| =Peace Bonds=
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| {{:Peace Bonds}}
| |
| =Rule Against Collateral Attacks on Court Orders=
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| {{:Rule Against Collateral Attacks on Court Orders}}
| |
| =Judicial Neutrality and Bias=
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| {{:Judicial Neutrality and Bias}}
| |
|
| |
| ==Crown or Judge-Ordered Termination of Proceedings==
| |
| =Withdraw and Dismissal of Charges=
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| {{:Withdraw and Dismissal of Charges}}
| |
| =Constitutional Challenges to Legislation=
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| {{:Constitutional Challenges to Legislation}}
| |
| =Mistrials=
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| {{:Mistrials}}
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| =Directed Verdicts=
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| {{:Directed Verdicts}}
| |
| =Stay of Proceedings=
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| {{:Stay of Proceedings}}
| |
| =Abuse of Process=
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| {{:Abuse of Process}},
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| =Abuse of Process by Crown Counsel=
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| {{:Abuse of Process by Crown Counsel|By Crown Counsel}}
| |
| =Prosecutorial Discretion=
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| {{:Prosecutorial Discretion}}),
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| =Abuse of Process by Law Enforcement=
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| {{:Abuse of Process by Law Enforcement|By Law Enforcement}},
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| =Abuse of Process Remedies=
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| {{:Abuse of Process Remedies|Abuse Remedies}}
| |
| =Right to a Trial Within a Reasonable Time=
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| {{:Right to a Trial Within a Reasonable Time}}
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| =Reasons for Delay=
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| {{:Reasons for Delay}}
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| =Prerogative Writs and Judicial Review=
| |
| =Mandamus, Certiorari, and Prohibition=
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| {{:Mandamus, Certiorari, and Prohibition}}
| |
| =Habeas Corpus=
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| {{:Habeas Corpus}}
| |
| =Costs=
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| {{:Costs}}
| |
|
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| =Substantive Hearings=
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| =Preliminary Inquiry=
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| {{:Preliminary Inquiry}}
| |
| =Electing a Preliminary Inquiry=
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| {{:Electing a Preliminary Inquiry}}
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| =Preliminary Inquiry Evidence=
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| {{:Preliminary Inquiry Evidence}}
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| =Air of Reality Test=
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| {{:Air of Reality Test}}
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| =Procedural Powers of a Preliminary Inquiry Judge=
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| {{:Procedural Powers of a Preliminary Inquiry Judge}}
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| =Order of Committal to Stand Trial=
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| {{:Order of Committal to Stand Trial}}
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| =Trial Process=
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| {{:Trial Process}}
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| =Representation at Trial=
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| {{:Representation at Trial}}
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| =Opening and Closing Submissions=
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| {{:Opening and Closing Submissions}}
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| =Orders to Exclude Witnesses from Court=
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| {{:Orders to Exclude Witnesses from Court}}
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| =Testimonial Evidence=
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| {{:Testimonial Evidence}}
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| =Examinations=
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| {{:Examinations}}
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| =Examinations-in-Chief=
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| {{:Examinations-in-Chief}},
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| =Cross-Examinations=
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| {{:Cross-Examinations}},
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| =Re-Direct Examinations=
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| {{:Re-Direct Examinations}})
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| =Role of Trial Judge=
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| {{:Role of Trial Judge}}
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| =Loss of Judge During Proceedings=
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| {{:Loss of Judge During Proceedings}}
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| =Juries=
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| {{:Juries}}
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| =Jury Selection=
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| {{:Jury Selection|Selection}}
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| =Challenge for Cause=
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| {{:Challenge for Cause}}
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| =Jury Procedure=
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| {{:Jury Procedure|Procedure}}
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| =Jury Instructions=
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| {{:Jury Instructions|Instructions}}
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| =Discharging a Juror=
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| {{:Discharging a Juror}}
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| =Trial Verdicts=
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| {{:Trial Verdicts}}
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| =Analyzing Testimony=
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| {{:Analyzing Testimony}}
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| =Weighing Testimony of the Accused=
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| {{:Weighing Testimony of the Accused}}
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| =Credibility of Complainants or Victims=
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| {{:Credibility of Complainants or Victims}}
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| =Credibility and Reliability of Child Witnesses=
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| {{:Credibility and Reliability of Child Witnesses}})
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| =Kienapple Principle=
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| {{:Kienapple Principle}}
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| =Directed Verdicts=
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| {{:Directed Verdicts}}
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|
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| =Mental Health Issues=
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| =Mental Illness=
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| {{:Mental Illness}}
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| =Assessment for Fitness and Criminal Responsibility=
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| {{:Assessment for Fitness and Criminal Responsibility}}
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| =Fitness to Stand Trial=
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| {{:Fitness to Stand Trial}}
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| =Treatment of an Accused Unfit to Stand Trial=
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| {{:Treatment of an Accused Unfit to Stand Trial}}
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| =Not Criminally Responsible Due to Mental Disorder=
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| {{:Not Criminally Responsible Due to Mental Disorder}}
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|
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| =Youth Procedure=
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| ==
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| {{:Procedure Relating to Young Accused}}
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| =Right of Youth to Notify Parents=
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| {{:Right of Youth to Notify Parents}}
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|
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| =Appeals=
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| {{:Appeals}}
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| =Right to Appeal=
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| =Right of Appeal of Verdicts or Sentences for Indictable Offences=
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| {{:Right of Appeal of Verdicts or Sentences for Indictable Offences}}
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|
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| =Right of Appeal for Summary Offences=
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| {{:Right of Appeal of Verdicts or Sentences for Summary Offences}}
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|
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| =Right of Appeal of Verdicts or Sentences for Indictable Offences=
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| {{:Right of Appeal of Verdicts or Sentences for Indictable Offences}}
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| =Right of Appeal of Verdicts or Sentences for Summary Offences=
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| {{:Right of Appeal of Verdicts or Sentences for Summary Offences}}
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| =Right of Appeal of a Summary Conviction Appeal Decision=
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| {{:Right of Appeal of a Summary Conviction Appeal Decision}}
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| =Appeals Relating to Young Persons=
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| {{:Appeals Relating to Young Persons}}
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| =Standard of Appellate Review=
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| {{:Standard of Appellate Review|Standard of Review}}
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| =Grounds of Appeal from Verdicts=
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| {{:Grounds of Appeal from Verdicts}}:
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| =Unreasonable Verdict=
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| {{:Unreasonable Verdict}}
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| =Appeal of an Error of Law=
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| {{:Appeal of an Error of Law}}
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| =Appeal on Miscarriage of Justice=
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| {{:Appeal on Miscarriage of Justice|Miscarriage of Justice}}
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| =Ineffective Counsel=
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| {{:Ineffective Counsel}}
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| =Misapprehension of Evidence=
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| {{:Misapprehension of Evidence}}
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| =Sufficiency of Reasons=
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| {{:Sufficiency of Reasons}}
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| =Grounds of Appeal from Sentence=
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| {{:Grounds of Appeal from Sentence}}
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| =Appeals Other Than Verdicts or Sentences=
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| {{:Appeals Other Than Verdicts or Sentences}}
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| =Remedies on Conviction Appeal=
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| {{:Remedies on Conviction Appeal}}
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| =Remedies on Acquittal Appeal=
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| {{:Remedies on Acquittal Appeal}}
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| =Remedies on Sentence Appeal=
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| {{:Remedies on Sentence Appeal}}
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| =Appeal Procedure=
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| {{:Appeal Procedure}}
| |
| =Appeal Procedure For Summary Convictions=
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| {{:Appeal Procedure For Summary Convictions}}
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| =Appeal Procedure For Indictable Convictions=
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| {{:Appeal Procedure For Indictable Convictions}}
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| =Representation and Attendance on Appeal=
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| {{:Representation and Attendance on Appeal}}
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| =Appellate Evidence=
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| {{:Appellate Evidence}}
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| =Interim Remedies Pending Appeal=
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| {{:Interim Remedies Pending Appeal}}
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| =Bail Pending Appeal=
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| {{:Bail Pending Appeal}}
| |
| =Appeals to the Supreme Court of Canada=
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| {{:Appeals to the Supreme Court of Canada}}
| |
| =Ministerial Review=
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| {{:Ministerial Review}}
| |
|
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| =Appendix=
| |
| =Criminal Code and Related Definitions=
| |
| {{:Criminal Code and Related Definitions|Definitions}}
| |
| =Procedure and Practice Readings List=
| |
| {{:Procedure and Practice Readings List|Readings}}
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| =Criminal Code Forms=
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| {{:Criminal Code Forms}}
| |
| =Misc Procedural Provisions=
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| {{:Misc Procedural Provisions}}
| |
| =Precedents and Checklists=
| |
| {{:Precedents and Checklists}}
| |
| =Motions Chart=
| |
| {{:Motions Chart}}
| |
| =Pre-Trial and Trial Motions Checklist=
| |
| {{:Pre-Trial and Trial Motions Checklist|Motions Checklist}}
| |
| =Trial Preparation Checklist=
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| {{:Trial Preparation Checklist}}
| |
| =Bail Checklist=
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| {{:Bail Checklist}}
| |
| =File Review Checklist=
| |
| {{:File Review Checklist}}
| |