Crown File Review Checklist

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File Review

FILE CHECKLIST

INITIAL REVIEW

• ☐ Review Form of Charges:
  • ☐ Range of dates conforms to evidence?
  • ☐ Verify Wording of Offence, Section, and Victim(s)

• • Election: _______________ [ ] On Record? ________________

• ☐ Hearing Estimates:
  • ☐ Time Estimate Trial: _____________ Prelim. _______________

• • ☐ Section 109 Weapons Prohibition Order (If subject to prior Order)
  • ☐ Relying on Prior Conviction for 85 to 103, 253, 254, 344 [firearms]; s. 5(3) CDSA

• ☐ Pick-up Order? Institution: _________________________
• ☐ Publication Bans

TRIAL POLICE WITNESSES

• Witnesses as found in Crown-sheet
• Additional witnesses

Witness	Involvement	Officer Reports	Notes	Subpoenaed
1
2
3
4
5

TRIAL CIVILIAN WITNESSES

• Witnesses as found in Crown-sheet
• Additional witnesses

Witness	Involvement	Statements	Summary	Subpoenaed
1
2
3
4
5

NOTICES

• ☐ Increased Penalty Notices s. 727 of Code or s. 8 of CDSA:
• ☐ Send counsel / self-represented letter giving Business Documents Notice (s. 30 CEA) - 7 days before trial
• ☐ Bank Records (s. 29 CEA) No notice needed as long as affidavit available
• ☐ Expert Evidence (s. 657.3) - 30 days before trial
• ☐ Preliminary Inquiry Hearsay (s. 540(7)) Reasonable notice, s. 540(8) CC
• ☐ Certificate of Qualified Technician (s. 258) Reasonable notice, s. 258(7)
• ☐ Certificate of Non-appearance (s. 145(9)) Reasonable notice, s. 145(11) CC
• ☐ Certified True Copy _______________________________ (s. 24 CEA) 7 days prior to trial, s. 28(2) CEA

Initial Disclosure

DOCUMENTS

• ☐ Request Certified Documents:
  • ☐ [list documents]

[List documents]

• ☐ Send counsel / self-represented letter giving Judicial Documents Notice for:

[list documents]

• ☐ Expert Witness Notice

• ☐ Drafting of Joint Statement of Fact

MISSING DISCLOSURE

• Record: ___________________________
• Date requested
• Date received
• Date disclosed

OTHER TRIAL READINESS ISSUES

• ☐ Out of Province Subpoena Applications required for: ___________________

• ☐ Make travel arrangements for: _______________________________________

• ☐ Interpreter Needed?
  • ☐ Court notified for booking?

• ☐ Video-link Needed?
  • ☐ Court notified for booking?

• ☐ Order Transcripts of police statements: __________________________

Needed by: _____________________

• ☐ Order Transcripts of preliminary inquiry: _________________________

Needed by: ______________________

• ☐ Preparing Exhibits (4 copies Judge alone [W, J, D, and C] or 18 copies for Jury trial [4 + 12 + 2 extra]):

[list exhibits here]

• ☐ Testimonial Aids:

[ ] Video link out of country

[ ] Video link out of province

[ ] Support Person

[ ] Testimonial Screen

[ ] Video link for vulnerable witnesses

ISSUES

• Issue:
• Remedy:

TRIAL CANCELLATION

• ☐ Call off police/civilian witnesses on file

Reason: ______________________________

SENTENCING

• ☐ Victim Services Referral
• ☐ PSR / PDR Notification
• ☐ Prohibition Orders:
  • ☐ Section 109/110 Weapons Prohibition for _____ years
  • ☐ Section 161 for _____ years
  • ☐ Driving (259) for _______ years

• ☐ Order of Forfeiture of Weapons

CONCLUSION OF FILE

• ☐ Print-out electronic files (if necessary)
• ☐ Fill out closure forms
• ☐ Forward to File Room / Records

Subsequent Appearance

• Do I have the complete file?
• Was disclosure provided? To whom?
• Is there any pending disclosure requests?
• Have victims been identified? Was referral made to Victim Services?
• Does accused have counsel?
• Was an election made? If summary, is it within time?
• What is the trial-time estimate?
• Does a victim need to be given notice?
• If Accused failed to attend, was proper notice provable?
• Has there been any settlement proposal sent to defence?
• In case of snap sentencing, consider penalty and ancillary order?
• How much delay has accrued? Does it warrant request for deemed election/plea?

Organize for easy access

information, summary of facts, release/detention docs, criminal record, can-says, key photos

Disclosure Review

General

• information/indictment
• Crown sheet/brief
• Release Order / Undertaking
• List of witnesses with contact info
• Notice of Intention to Intro. Documents
• Scene Photos
• Injury Photos

Special Records for Specific Offences

• Certificate of Qualified Breath Tech
• Extrapolation Report
• Breath Test Ticket

Civilian Witnesses

Name / Involvment / Statements / Summary

Peace Officers

Name / Involvment / Report / Notes

Outstanding Disclosure

McNeil Requests

Vetting Disclosure

VETTING CHECKLIST Relevance ☐ Clearly irrelevant Privilege ☐ Informer privilege (usually in communication records) ☐ Solicitor-client privilege including Crown/police advice (usually in communication records, police reports) ☐ Investigative technique privilege Witness safety ☐ Contact info (address, phone number, email address) for witnesses / alleged victims who are at specific risk. Alleged Victim's Private Records for Certain Sexual Offences ☐ For certain sexual offences, any record that attracts reasonable expectation of privacy of the alleged victims. ☐ medical, psychiatric, therapeutic, counselling, ☐ education, employment, ☐ child welfare, adoption and social services records ☐ personal journals and diaries On-going Investigation ☐ Records relating to investigative steps in ongoing investigations ☐ Records identifying suspects to ongoing investigations