Precedents, Court Forms and Checklists

Note that format and content requirements vary between jurisdictions. See Rules of Court.

Preparation Checklist

• Prosecution File Checklist (Google Docs)
• Guilty Plea Checklist (Google Docs)
  • Ontario Legal Aid Guilty Plea Checklist (pdf form)
• Trial Preparation Checklist (Google Docs) or Trial Preparation Checklist

Trial Checklist

• Objections Cheatsheet

Appearances

• Designation of Counsel (650.01)

Applications

• Generic Notice of Application (Google Docs) and Generic Affidavit (Google Docs)
• Generic Draft Order (Google Docs)

Notice To Admit Evidence

Hearsay Evidence in Preliminary Inquiry

• Notice to Admit Hearsay at a Preliminary Inquiry (s. 540(7)) (Google Docs)

Business Records

• Notice to Tender Business Records (Google Docs)

Expert Evidence

• Generic Notice of Intention to Call Expert Evidence (Google Docs)

CANADA    File# _______ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE TO TENDER BUSINESS RECORDS (Section 30(7) Canada Evidence Act)    WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code. He/she is scheduled to begin trial in [level of court], on [date of trial];    TAKE NOTICE THAT the Crown intends to tender into evidence at trial certain records, to wit: [list of documents]    IF you wish to examine [the original/copies of] records to be introduced by the Crown, they are in the possession of the [organization holding records], [address of the Crown], [city], [province].    DATED at [city], [province], this ______ day of ________, [year].    _____________________________    [Crown name and title] [Internal File Code]

CANADA    File# _______ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE PROVINCIAL COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF INTENTION TO ADDUCE EVIDENCE UNDER s. 540(7)   WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;   TAKE NOTICE that pursuant to the provisions of section 540(7) and (8) of the Criminal Code at the forthcoming preliminary inquiry scheduled for [date], at [time am/pm] upon these charges, the Crown will introduce records, particulars are as follows: DATED at [city], [province], this ______ day of ________, [year]. _____________________________ [Crown name and title] [Internal File Code]

CANADA Crt # _________ PROVINCE OF [PROVINCE] COUNTY OF [REGION] IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: [APPLICANT] – and – [RESPONDENT] NOTICE OF INTENTION TO CALL EXPERT WITNESS (Section 657.3 of the Criminal Code) WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that pursuant to section 657.3 of the Criminal Code at the forthcoming trial scheduled to begin on [date], the Crown will introduce evidence from an expert witness, with the particulars as follows: (i) Name of Expert: [name of the witness, reference to attached resume] (ii) Area of Expertise: [description of the area of expertise] (iii) Summary of Opinion: [summation of evidence, where possible reference to attached documents or reports summarizing the evidence] DATED at [City], [Province], this ______ day of ________, 2019. _____________________________ [NAME OF APPLICANT] [Title counsel] [Internal File Code]

Appeals

• Generic Notice of Appeal to Court of Appeal (gdocs)
• Generic Notice of Leave for Appeal to Court of Appeal (gdocs)

Official Court Forms (includes Notices, Orders, and supporting docs)

Newfoundland and Labrador

• Supreme Court Forms, Summary Conviction Appeals, and General Forms

New Brunswick

• Provincial Court Rules and Forms
• Court of Queen's Bench Forms

Nova Scotia

• Nova Scotia Provincial Court Forms and Other Court Documents
• Nova Scotia Supreme Court Forms (Google docs)

Ontario

• Forms under the Criminal Rules of the Ontario Court of Justice
• Forms under the Criminal Proceedings Rules of the Superior Court of Justice

Manitoba

• Manitoba Courts, Provincial Court forms
  • Provincial Court Practice Directives
• Court of Queen's Bench Forms (Criminal)

Alberta

• Provincial Court Practice Directions and Forms
• Queen's Bench Criminal Forms

British Columbia

• Provincial Court and Supreme Court (Criminal) Forms

Form of Charges

• Draft Form of Charges

Misc Docs

CANADA CR No. [FILE #] PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [PROVINCIAL/SUPREME] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME(S)] EXHIBIT BOOK # [number] [description of contents] [first party name] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxx Email: xxx@xxxxxx Counsel for Her Majesty the Queen [second party name] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused

TABLE OF CONTENTS Tab TAB 1: [description] X TAB 2: [description] X TAB 3: [description] X

WAIVER (Private Records Under s. 278.1 to 278.91 of the Criminal Cdoe) I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:
___________________
___________________
___________________

Informed Waiver

• I understand that there are rules that protect certain records for which I have a reasonable expectation of privacy.
• I understand that I do not need to consent to the disclosure of the records. However, the accused has the right to bring an application to order the disclosure of the records.
• I understand that by disclosing these records, they will no longer be private and may be tendered before a court in the course of a trial.

Legal Advice (Check one)

• ☐ I have received independent legal advice
• ☐ I have declined to receive independent legal advice

Consent

• I ___________ consent to these records being disclosed by the Prosecuting Crown to the accused and his/her counsel for the purpose of preparing for criminal proceedings against _________ (accused name).

________________ Protected Party

________________ Signature

________________ Date

Tools

• http://draw.io
• http://rasterbator.net

See Also

• Rules of Court