From Criminal Law Notebook
Checklist
- See also: Precedents, Court Forms and Checklists
- UNDERSTAND WAIVED RIGHTS
- ☐ Waiver of right to a trial, including a jury trial for indictable offences
- ☐ Waiver of the presumption of innocence
- ☐ Waiver of the Crown burden to prove the essential elements of the offence beyond a reasonable doubt
- ☐ Waiver of right to challenge procedure, including all procedural Charter rights
- ☐ Waiver of all rights of appeal, except appeal of the sentence
- ☐ Limited waiver of the right to bail
- RETAINED RIGHTS
- ☐ Right to dispute the facts as they are alleged outside of bare essential elements of proof
- ☐ Right to dispute penalties advanced by the Crown
- ☐ Personal right to review full disclosure (ie. all relevant materials)
- ☐ Right to address the judge before sentence is passed
- ☐ Right to apply for a Pardon (select offences)
- ANALYSIS OF CASE WITH CLIENT BEFORE ENTERING PLEA
- ☐ Opportunity to review all relevant materials
- ☐ Explain of essential elements of the offence
- ☐ Aware of all defences that have an “air of reality”
- ☐ Review Agreed Statement of Fact (if any)
- ☐ Discuss Merits of the Crown and Defence cases
- ☐ sufficient time to review the evidence, elements of proof and defences
- INFORM CLIENT BEFORE ENTERING PLEA
- ☐ Aware that judge has final say on sentence, including ancillary orders, etc.
- ☐ The plea must be voluntary (not oppressive or coerced)
- ☐ The plea must be unconditional and unequivocal
- ☐ Position of the Crown on penalty (if known)
- ☐ Procedure for Guilty Plea, including inquiry from judge under s. 606(1.1)
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- DIRECT CONSEQUENCES OF SENTENCING
- ☐ Crown right to seek revocation of bail upon finding of guilt
- ☐ Maximum penalty for each count and possibility of consecutive penalties per count
- ☐ Available and unavailable sentencing options (e.g. discharges or conditional sentence orders)
- ☐ Maximum and minimum penalties for the offences
- ☐ Expected ranges
- ☐ Potential Ancillary Orders including:
- ☐ Weapons Prohibition
- ☐ Section 161 Order
- ☐ Driving Prohibition
- ☐ Forfeiture of property seized
- ☐ SOIRA Sex Offender Registry
- ☐ DNA Order
- ☐ Victim Fine Surcharge
- ☐ Restitution, as part of probation or as “stand-alone”
- ☐ Fine-in-Lieu of Forfeiture including penalties in default
- ☐ Also discuss the duration of the order and the ability to terminate the order early.
- ☐ The possibility of Crown seeking a Long-Term Offender Order or a Dangerous Offender Order
- OTHER CONSEQUENCES OF GUILTY PLEA
- ☐ Potential of movement of offender between jails or even out of province in federal penitentiary
- ☐ Immigration consequences, including deportation upon completion of term of custody
- ☐ Provincial Motor Vehicle Act consequences and effect on insurance premiums
- ☐ Provincial Sex Offender registry
- ☐ Restrictions on international travel
- ☐ Impact family court proceedings (custody and access to children; apprehension of children)
- ☐ Impact on civil lawsuit proceedings
- ☐ Impact on employment, including professional licensing
- ☐ Impact on education program eligibility
- ☐ Effect on retention of youth criminal record
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See Also
