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