Precedent - Order for Cross-Examination Counsel: Difference between revisions

Latest revision as of 12:40, 23 November 2023

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Order

See also: Cross-Examinations#Cross-Examination by Self-Represented Accused

486.3(2) 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 *(Section 486.3(2) of the Criminal Code)* Before the Honourable Judge/Justice Presiding: 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]. AND WHEREAS the scheduled trial relates to one or more offences enumerated under s. 486.3(2) of the Criminal Code, which permits the Court to prohibit the accused from personally cross-examining a complainant or witness. UPON THE APPLICATION made by counsel for His Majesty the King, [name of counsel], for an Order to prohibit the personal cross-examination of the witness, [name]; UPON BEING SATISIFIED that the proper administration of justice does not require the accused to personally conduct the cross-examination of the witness; IT IS ORDERED that: the accused be prohibited from personally examining [name of witness] and Counsel is appointed to conduct the cross-examination of the named complainant/witness. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Judge of the [Level] Court of [Province] [Internal File Coding]

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+{{HeaderTemplates}}
+{{Precedent Terms of Use}}
 ==Order==
 {{seealso|Cross-Examinations#Cross-Examination by Self-Represented Accused}}
 {|class="wikitable" style="width:650px; background-color:white"
-! Order
+! 486.3(2) Order
 |-
 | style="width: 50%; vertical-align: top;" |
 {{Style of Cause}}
-{{TITLE|ORDER|(Section 486xxx of the ''Criminal Code'')}}
+{{TITLE|ORDER|(Section 486.3(2) of the ''Criminal Code'')}}
 '''Before the Honourable Judge/Justice Presiding:'''
-'''WHEREAS''' on [date], a justice of the peace granted multiple judicial authorizations under [section]{{CCC}} in relation to a criminal investigation for offence contrary to section(s) [list sections]{{CCC}}.
+{{WHEREAS Charges}}
+{{ANDWHEREAS Trial}}
-'''AND WHEREAS''' the authorizations were executed on or about [date].
+{{I-Start}}'''AND WHEREAS''' the scheduled trial relates to one or more offences enumerated under s. 486.3(2){{CCC}}, which permits the Court to prohibit the accused from personally cross-examining a complainant or witness.{{I-End}}
-'''UPON THE APPLICATION''' made by counsel for Her Majesty the Queen, [name of counsel], for an Order to vary the above-noted sealing orders so as to allow access to the judicial authorizations and supporting Informations to Obtain;
+{{I-Start}}'''UPON THE APPLICATION''' made by counsel for His Majesty the King, [name of counsel], for an Order to prohibit the personal cross-examination of the witness, [name];{{I-End}}
-'''UPON READING''' the affidavit of [investigator affidavit] dated [date];
+{{I-Start}}'''UPON BEING SATISIFIED''' that the proper administration of justice does ''not'' require the accused to personally conduct the cross-examination of the witness;{{I-End}}
-'''IT IS ORDERED''' that the Sealing Orders referred to above shall be varied to allow for the release of all judicial authorization materials at issue including the supporting Information to Obtain after being subject to vetting by the Crown.
+{{I-Start}}'''IT IS ORDERED''' that:{{I-End}}
+# the accused be prohibited from personally examining [name of witness] and
+# Counsel is appointed to conduct the cross-examination of the named complainant/witness.
 {{DATED}}