Precedent - Testimony by Videoconference

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Notice

NOTICE OF APPLICATION TO TRANSPORT PRISONER

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER of an Application under section 714.1 of the Criminal Code – and – BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] NOTICE OF APPLICATION (Pursuant to section 714.1) 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]. AND WHEREAS the Crown seeks to call [name of witness] as a witness in the upcoming trial. TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOW GROUNDS Section 714.1 authorizes the trial judge to permit material witnesses to give their evidence at trial by video conference. Where credibility is not at issue, the applicable test is one of a balance of convenience: SDL at para 32 Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order permitting [name of witness] to testify by means of videoconference under the following conditions: From a provincial or superior court in a province or territory of Canada. 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: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

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Affidavit

AFFIDAVIT (TRANSPORT)

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER OF SECTION 527 OF THE CRIMINAL CODE – and – BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] ' I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I am aware of information, obtained through the usual and ordinary course of business and believed to be reliable, that has lead me to believe that [accused name] is currently being held in [correctional/remand facility] located at [address of correctional/remand facility], that that the prisoner is required to appear before the [level] at [location of the court house], [Province], on [date], [year], at [time] for the purpose of [purpose]. I believe the ends of justice require that an order be made to bring the prisoner before the Court for that purpose. SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]

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Order

DRAFT TESTIMONY ORDER

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] ORDER TO TRANSPORT A PRISONER (Pursuant to Section 714.1 of the Criminal Code) BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province]. UPON the Application of counsel for [party] for an order pursuant to section 527 of the Criminal Code that ....; 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 UPON IT APPEARING that the accused is required to appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on [date], at the hour of [time] for the [type of hearing]. AND WHEREAS I am satisfied that the ends of justice require that this Order be made; IT IS HEREBY ORDERED that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order; FURTHER, IT IS HEREBY ORDERED that you, the [sheriff or peace officer], bring the accused to the Courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [name of title and judge] TO: [Peace officer / sherriff] [address] AND TO: Person in Charge of the detention facility [address] [Internal File Coding]

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