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| * [[Objections Cheatsheet]] | | * [[Objections Cheatsheet]] |
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| ==Appearances== | | ==Precedents== |
| * [https://docs.google.com/document/d/1GzHru09VqT04Sai22KFgi4kYh7lpSYCaQBy2-r3YbxE/edit?usp=sharing Designation of Counsel] (650.01) | | * [[Templates and Precedent]] |
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| ==Applications==
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| <!--
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| * Out of Province Subpoena
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| ** [Application
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| ** [https://drive.google.com/open?id=1WxXx2D6LTHPtikf8J07fwIwxRLfX4ZLHvjgFefUqEKc Draft Order] (Google Docs)
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| -->
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| * [http://bit.ly/2MFq7JO Generic Notice of Application] (Google Docs) and [http://bit.ly/2B5ipaz Generic Affidavit] (Google Docs)
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| * [http://bit.ly/2wagEDp Generic Draft Order] (Google Docs)
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| ==Notice To Admit Evidence==
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| ; Hearsay Evidence in Preliminary Inquiry
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| * [http://bit.ly/2OwwBLo Notice to Admit Hearsay at a Preliminary Inquiry (s. 540(7))] (Google Docs)
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| ; Business Records
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| * [http://bit.ly/2MgME2J Notice to Tender Business Records] (Google Docs)
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| ; Expert Evidence
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| * [http://bit.ly/2D92AQd Generic Notice of Intention to Call Expert Evidence] (Google Docs)
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| {|class="wikitable"
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| CANADA File# _______<Br>
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| PROVINCE OF [PROVINCE]<Br>
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| COUNTY OF [COUNTY]
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| <center>
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| IN THE [LEVEL] COURT OF [PROVINCE]
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| </center>
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| BETWEEN:
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| <center>
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| HER MAJESTY THE QUEEN
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| – and –
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| [ACCUSED NAME]
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| <u>'''NOTICE TO TENDER BUSINESS RECORDS'''</u><br>
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| (Section 30(7) Canada Evidence Act)
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| </center>
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| '''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];
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| '''TAKE NOTICE THAT''' the Crown intends to tender into evidence at trial certain records, to wit:
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| :::[list of documents]
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|
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| '''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].
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|
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| '''DATED''' at [city], [province], this ______ day of ________, [year].
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| ::::_____________________________<Br>
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| ::::[Crown name and title]
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| [Internal File Code]
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| CANADA File# _______<Br>
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| PROVINCE OF [PROVINCE]<br>
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| COUNTY OF [COUNTY]<Br>
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| <center>
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| IN THE PROVINCIAL COURT OF [PROVINCE]
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| </center>
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| BETWEEN:
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| <center>
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| HER MAJESTY THE QUEEN
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| – and –
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| [ACCUSED NAME]
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| </center>
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| <center>
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| <u>'''NOTICE OF INTENTION TO ADDUCE EVIDENCE UNDER s. 540(7)'''</u>
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| </center>
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| '''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;
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| '''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:
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|
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| '''DATED''' at [city], [province], this ______ day of ________, [year].
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| ::::_____________________________<Br>
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| ::::[Crown name and title]
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| [Internal File Code]
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| |-
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| CANADA Crt # _________<Br>
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| PROVINCE OF [PROVINCE]<Br>
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| COUNTY OF [REGION]<Br>
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| <center>
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| IN THE [LEVEL] COURT OF [PROVINCE]
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| </center>
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| BETWEEN:
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| <center>
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| [APPLICANT] | |
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| – and –
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| [RESPONDENT]
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| </center>
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| <center>
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| <u>'''NOTICE OF INTENTION TO CALL EXPERT WITNESS'''</u><Br>
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| '''(Section 657.3 of the Criminal Code)'''
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| </center>
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| '''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;
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| '''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:
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| :::(i) Name of Expert: [name of the witness, reference to attached resume]<Br>
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| :::(ii) Area of Expertise: [description of the area of expertise]<Br>
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| :::(iii) Summary of Opinion: [summation of evidence, where possible reference to attached documents or reports summarizing the evidence]<Br>
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|
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| DATED at [City], [Province], this ______ day of ________, 2019.
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| ::::_____________________________
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| ::::[NAME OF APPLICANT]<br>
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| ::::[Title counsel]
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| [Internal File Code]
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| |}
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| ==Appeals==
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| * [http://bit.ly/2LUEEEr Generic Notice of Appeal to Court of Appeal (gdocs)]
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| * [http://bit.ly/2naSWTq Generic Notice of Leave for Appeal to Court of Appeal (gdocs) ]
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| ==Official Court Forms (includes Notices, Orders, and supporting docs)== | | ==Official Court Forms (includes Notices, Orders, and supporting docs)== |
Note that format and content requirements vary between jurisdictions. See Rules of Court.
Preparation Checklist
Trial Checklist
Precedents
Official Court Forms (includes Notices, Orders, and supporting docs)
- Newfoundland and Labrador
New Brunswick
Nova Scotia
- Ontario
- Manitoba
- Alberta
- British Columbia
Form of Charges
Misc Docs
|
CANADA CR No. [FILE #]
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] 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
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|
TABLE OF CONTENTS ................................ Tab
TAB 1: [description] .................................. X
TAB 2: [description] .................................. X
TAB 3: [description] .................................. X
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- 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 under s. 278.1 to 278.91 of the Criminal Code 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 these 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
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Tools
See Also
