Precedents
Templates and Precedents
Appearances
- Designation of Counsel (650.01)
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
DESIGNATION OF COUNSEL I, [accused name] (DOB: [date of birth]), of [City], Province of [Province], have been charged as follows:
I have retained the following counsel to represent me in the above-noted charges:
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___.
I, [accused name], hereby revoke the above designation. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ |
Applications
- Generic Notice of Application (Google Docs) and Generic Affidavit (Google Docs)
- Generic Draft Order (Google Docs)
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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:
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:
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
_____________________________ [Internal File Code] |
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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 ...
_____________________________
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Notice To Admit Evidence
- Hearsay Evidence in Preliminary Inquiry
- Business Records
- Notice to Tender Business Records (Google Docs)
- Expert Evidence
- Generic Notice of Intention to Call Expert Evidence (Google Docs)
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE TO TENDER BUSINESS RECORDS 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:
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]. _____________________________
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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]. _____________________________
[Internal File Code] | ||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF INTENTION TO CALL EXPERT WITNESS 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:
DATED at [City], [Province], this ______ day of ________, 2019. _____________________________
[NAME OF APPLICANT] [Internal File Code] |
Appeals
- Generic Notice of Appeal to Court of Appeal (gdocs)
- Generic Notice of Leave for Appeal to Court of Appeal (gdocs)
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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.
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]
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
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]
_____________________________ [NAME of appellant counsel] [position] TO: The Registrar of this Honourable Court AND TO: [accused / crown as the case may be]
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Misc Docs
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CANADA CR No. [FILE #] IN THE [LEVEL OF COURT] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME(S)] EXHIBIT BOOK # [number]
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TABLE OF CONTENTS Tab TAB 1: [description] X | ||
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:
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