Precedents

From Criminal Law Notebook
See also: Precedents, Court Forms and Checklists

Appearances

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]


Applications

Notice To Admit Evidence

Hearsay Evidence in Preliminary Inquiry
Business Records
Expert Evidence

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]

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

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