Precedents, Court Forms and Checklists

From Criminal Law Notebook
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Note that format and content requirements vary between jurisdictions. See Rules of Court.

Preparation Checklist

Trial Checklist

Appearances

Applications

Notice To Admit Evidence

Hearsay Evidence in Preliminary Inquiry
Business Records
Expert Evidence

CANADA    File# _______
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]


NOTICE TO TENDER BUSINESS RECORDS
(Section 30(7) Canada Evidence Act)

   WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code. He/she is scheduled to begin trial in [level of court], on [date of trial];

   TAKE NOTICE THAT the Crown intends to tender into evidence at trial certain records, to wit:

[list of documents]

   IF you wish to examine [the original/copies of] records to be introduced by the Crown, they are in the possession of the [organization holding records], [address of the Crown], [city], [province].

   DATED at [city], [province], this ______ day of ________, [year].

_____________________________
[Crown name and title]


[Internal File Code]

CANADA    File# _______
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE PROVINCIAL COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]

NOTICE OF INTENTION TO ADDUCE EVIDENCE UNDER s. 540(7)

  WHEREAS the accused, [accused name], has been charged that on or about [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 pursuant to the provisions of section 540(7) and (8) of the Criminal Code at the forthcoming preliminary inquiry scheduled for [date], at [time am/pm] upon these charges, the Crown will introduce records, particulars are as follows:

   DATED at [city], [province], this ______ day of ________, [year].

_____________________________
[Crown name and title]


[Internal File Code]

CANADA Crt # _________
PROVINCE OF [PROVINCE]
COUNTY OF [REGION]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[APPLICANT]

– and –

[RESPONDENT]

NOTICE OF INTENTION TO CALL EXPERT WITNESS
(Section 657.3 of the Criminal Code)

   WHEREAS the accused, [accused name], has been charged that on or about [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 pursuant to section 657.3 of the Criminal Code at the forthcoming trial scheduled to begin on [date], the Crown will introduce evidence from an expert witness, with the particulars as follows:

(i) Name of Expert: [name of the witness, reference to attached resume]
(ii) Area of Expertise: [description of the area of expertise]
(iii) Summary of Opinion: [summation of evidence, where possible reference to attached documents or reports summarizing the evidence]

   DATED at [City], [Province], this ______ day of ________, 2019.

_____________________________
[NAME OF APPLICANT]
[Title counsel]

[Internal File Code]

Appeals

Official Court Forms (includes Notices, Orders, and supporting docs)

Newfoundland and Labrador

New Brunswick

Nova Scotia

Ontario
Manitoba
Alberta
British Columbia

Form of Charges

Misc Docs

CANADA CR No. [FILE #]
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME(S)]


EXHIBIT BOOK # [number]
[description of contents]


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

Counsel for Her Majesty the Queen

[second party name]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

TABLE OF CONTENTS ................................ Tab

TAB 1: [description] .................................. X
TAB 2: [description] .................................. X
TAB 3: [description] .................................. X

WAIVER (Private Records Under s. 278.1 to 278.91 of the Criminal Cdoe)

I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:
_________________________________________________________
_________________________________________________________
_________________________________________________________

Informed Waiver
  • I understand that there are rules that protect certain records under s. 278.1 to 278.91 of the Criminal Code for which I have a reasonable expectation of privacy.
  • I understand that I do not need to consent to the disclosure of the records. However, the accused has the right to bring an application to order the disclosure of these records.
  • I understand that by disclosing these records, they will no longer be private and may be tendered before a court in the course of a trial.
Legal Advice (Check one)
  • ☐ I have received independent legal advice
  • ☐ I have declined to receive independent legal advice
Consent
  • I ___________ consent to these records being disclosed by the Prosecuting Crown to the accused and his/her counsel for the purpose of preparing for criminal proceedings against _________ (accused name).


________________ Protected Party
________________ Signature
________________ Date

Tools

See Also