Application for Joinder (Precedent)

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Style of cause  

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

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NOTICE OF APPLICATION TO JOIN COUNTS
(Pursuant to Section 591(1))

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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] before a [indicate wether inferior/superior judge or a jury].

AND WHEREAS the Crown intends to call evidence from complainants AB, CD, and EF.

• AB will testify to allegations under s. xxx occurring [dates of the offence] (Counts #X1 and Y1).
• CD will testify to allegations under s. xxx occurring [dates of the offence] (Counts #X2 and Y2).
• ...

TAKE NOTICE that pursuant to s. 591(3) of the Criminal Code and common law set out in R v Last, 2009 SCC 45, the accused/Crown seeks to sever the counts on the informnation/indictment as follows:

1. Trial #1: Counts X1, Y1, and Z1.
2. Trial #2: Counts X2, Y2, and Z2.
3. ...

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS

1. Under s. 591(1) the Crown has broad and largely unfettered discretion to have multiple charges tried on a single indictment: Carlson, 2023 BCSC 2138 at para 13 KK, 2022 ONSC 4811 at para 4.
2. The burden is upon the applicant to establish on a balance of probabilities that it is in the "interests of justice" to separate the counts into separate trials: Arp, 1998 CanLII 769 (SCC), [1998] 3 S.C.R. 339 at para. 52.
3. The "interests of justice" captures the interests of the accused, the Crown, broad-based societal concerns, the truth-seeking function of the courts, and the integrity of the process: R v Beaulac, [1999] 1 SCR 768; R v Owen, 2003 SCC 33, at para. 52; R v Last, 2009 SCC 45, at para. 16; R. v. Cowan, 2021 SCC 45, at para. 63.
4. The factors to consider include (Last, para 18):
   1. general prejudice to the fair trial rights of the accused;
   2. the legal and factual nexus between the counts;
   3. the complexity of the evidence;
   4. whether the accused intends to testify on one count but not another;
   5. the possibility of inconsistent verdicts;
   6. the desire to avoid a multiplicity of proceedings;
   7. the use of similar fact evidence at trial;
   8. the length of the trial having regard to the evidence to be called;
   9. the potential prejudice to the accused with respect to the right to be tried within a reasonable time.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS

1. The allegations on the [identify the indictment] alleges offences relating to [charges] occurring between [dates].
2. The following witnesses are expected to testify in the case: [list witnesses].
3. The AB is expected to testify to the following:
   1. ...
4. The CD is expected to testify to the following:

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
2. ...
3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

1. ...

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

In accordance with the appropriate Rules of Court,

[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]

[Internal File Coding]