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

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! 486.3 Order
! 486.3(2) Order
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{{WHEREAS Charges}}
{{WHEREAS Charges}}


{{I-Start}}'''WHEREAS''' on [date], the accused shall conduct trial {{CCC}}.{{I-End}}
{{ANDWHEREAS Trial}}


{{I-Start}}'''AND WHEREAS''' the authorizations were executed on or about [date].
{{I-Start}}'''AND WHEREAS''' the trial scheduled 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 victim or witness.{{I-End}}


{{I-Start}}'''UPON THE APPLICATION''' made by counsel for Her Majesty the Queen, [name of counsel], for an Order to ;
{{I-Start}}'''UPON THE APPLICATION''' made by counsel for Her Majesty the Queen, [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]
# counsel is appointed to conduct the cross-examination of [name of witness]


{{DATED}}
{{DATED}}

Revision as of 13:11, 16 August 2021

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 486xxx 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 trial scheduled 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 victim or witness.

UPON THE APPLICATION made by counsel for Her Majesty the Queen, [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:

  1. the accused be prohibited from personally examining [name of witness]
  2. counsel is appointed to conduct the cross-examination of [name of 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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