Precedents

Appearances

• Designation of Counsel (650.01)

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] DESIGNATION OF COUNSEL PURSUANT TO SECTION 650.01 OF THE CRIMINAL CODE I, [accused name] (DOB: [date of birth]), of [City], Province of [Province], have been charged as follows: Name of Offence Section Offence Date I have retained the following counsel to represent me in the above-noted charges: [name of counsel] [name of firm] [mailing address] Tel: [telephone number] Fax: [fax number] Email: [email address] TAKE NOTICE that I hereby designate [name of counsel], and his/her associates or clerks from time to time, to represent me with respect to all matters permitted pursuant to s. 650.01 (1) of the Criminal Code and to appear on my behalf in all court proceedings arising out of the above-noted charges except when the Court may require my attendance or when my presence is required pursuant to s. 650.01(3) of the Criminal Code. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [Accused name] ACCUSED PERSON _______________________________ [counsel name] DESIGNATED COUNSEL I, [accused name], hereby revoke the above designation. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [Accused name] ACCUSED PERSON

Applications

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

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] NOTICE OF APPLICATION 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 an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOW GROUNDS: [grounds consisting of reasons for granting the relief and alleged facts] Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: By service in accordance with the appropriate Rules of Court, at [Address and fax number] DATED at [City], [Province], this ______ day of ________, 2017. _____________________________ [name of applicant] [Internal File Code]

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 BEFORE THE HONOURABLE Judge [name of judge] at [city], [province]. UPON the Application of counsel for [party] for an order pursuant to section [section] of the Criminal Code that ....; 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; AND UPON BEING SATISFIED THAT... IT IS HEREBY ORDERED THAT ... FURTHER, IT IS HEREBY ORDERED THAT ... DATED at [City], [Province], this ______ day of ________, 20__. _____________________________ [name of title and judge] [Internal File Code]

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)

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] 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]

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] 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]

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] 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)

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] NOTICE OF APPEAL (Crown appeal against acquittal) OR (Accused appeal against conviction) TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone. OR TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of ..... The grounds for appeal are: That the learned trial judge erred in law by .... UPON such further or other grounds as counsel may advise. The relief sought is: THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate. The Appellant’s address for service is: [address for service] DATED this [day] day of [month], [year]. ____________________________________ [Appellant Counsel’s name here] [title or position of the counsel] TO: The Registrar, Court of Appeal [address of the court of appeal] AND TO: [the name of the respondent], the Respondent herein

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AND NOTICE OF APPEAL PARTICULARS OF SENTENCE Place of Trial: [court, city, province] Name of Judge: The Honourable Mr./Mrs. Justice Offence(s) of which Accused Convicted: [name of offence(s)] Section(s) of Criminal Code or other Statute under which Accused Charged: [section(s)] Plea at Trial: [guilty / not guilty] Length of Trial: [not applicable / X hours / X days] Sentence Imposed: [list all sentencing orders] Date of Conviction [date of conviction or guilty plea] Date of Sentence: [date of sentence] TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of Ontario, applies for leave to appeal against the sentence imposed, and if leave be granted, hereby appeals against the said sentence. The grounds of appeal are: The sentence is manifestly unfit; The trial judge erred in his assessment of the appropriate sentencing range and imposed a sentence that did not sufficiently reflect the high level of culpability required for a criminal conviction; The trial judge erred in his application of s. 734(2) of the Criminal Code; The trial judge erred in his approach to s. 718.21(d) of the Criminal Code; Such further and other grounds of appeal as counsel may advise and this Honourable Court may permit. The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially. The Applicant/Appellant's address for service is: [address for service] DATED: at [city], this [date] day of [month], [year]. _____________________________ [NAME of appellant counsel] [position] TO: The Registrar of this Honourable Court AND TO: [accused / crown as the case may be]

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

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 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