Crown File Review Checklist

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File Review

FILE CHECKLIST

INITIAL REVIEW

• ☐ Review Form of Charges:
  • ☐ Range of dates conforms to evidence?
  • ☐ Verify Wording of Offence, Section, and Victim(s)

• • Election: _______________ [ ] On Record? ________________

• ☐ Hearing Estimates:
  • ☐ Time Estimate Trial: _____________ Prelim. _______________

• • ☐ Section 109 Weapons Prohibition Order (If subject to prior Order)
  • ☐ Relying on Prior Conviction for 85 to 103, 253, 254, 344 [firearms]; s. 5(3) CDSA

• ☐ Pick-up Order? Institution: _________________________
• ☐ Publication Bans

TRIAL POLICE WITNESSES

• Witnesses as found in Crown-sheet
• Additional witnesses

Witness	Involvement	Officer Reports	Notes	Subpoenaed
1
2
3
4
5

TRIAL CIVILIAN WITNESSES

• Witnesses as found in Crown-sheet
• Additional witnesses

Witness	Involvement	Statements	Summary	Subpoenaed
1
2
3
4
5

NOTICES

• ☐ Increased Penalty Notices s. 727 of Code or s. 8 of CDSA:
• ☐ Send counsel / self-represented letter giving Business Documents Notice (s. 30 CEA) - 7 days before trial
• ☐ Bank Records (s. 29 CEA) No notice needed as long as affidavit available
• ☐ Expert Evidence (s. 657.3) - 30 days before trial
• ☐ Preliminary Inquiry Hearsay (s. 540(7)) Reasonable notice, s. 540(8) CC
• ☐ Certificate of Qualified Technician (s. 258) Reasonable notice, s. 258(7)
• ☐ Certificate of Non-appearance (s. 145(9)) Reasonable notice, s. 145(11) CC
• ☐ Certified True Copy _______________________________ (s. 24 CEA) 7 days prior to trial, s. 28(2) CEA

Initial Disclosure

DOCUMENTS

• ☐ Request Certified Documents:
  • ☐ [list documents]

[List documents]

• ☐ Send counsel / self-represented letter giving Judicial Documents Notice for:

[list documents]

• ☐ Expert Witness Notice

• ☐ Drafting of Joint Statement of Fact

MISSING DISCLOSURE

• Record: ___________________________
• Date requested
• Date received
• Date disclosed

OTHER TRIAL READINESS ISSUES

• ☐ Out of Province Subpoena Applications required for: ___________________

• ☐ Make travel arrangements for: _______________________________________

• ☐ Interpreter Needed?
  • ☐ Court notified for booking?

• ☐ Video-link Needed?
  • ☐ Court notified for booking?

• ☐ Order Transcripts of police statements: __________________________

Needed by: _____________________

• ☐ Order Transcripts of preliminary inquiry: _________________________

Needed by: ______________________

• ☐ Preparing Exhibits (4 copies Judge alone [W, J, D, and C] or 18 copies for Jury trial [4 + 12 + 2 extra]):

[list exhibits here]

• ☐ Testimonial Aids:

[ ] Video link out of country

[ ] Video link out of province

[ ] Support Person

[ ] Testimonial Screen

[ ] Video link for vulnerable witnesses

ISSUES

• Issue:
• Remedy:

TRIAL CANCELLATION

• ☐ Call off police/civilian witnesses on file

Reason: ______________________________

SENTENCING

• ☐ Victim Services Referral
• ☐ PSR / PDR Notification
• ☐ Prohibition Orders:
  • ☐ Section 109/110 Weapons Prohibition for _____ years
  • ☐ Section 161 for _____ years
  • ☐ Driving (259) for _______ years

• ☐ Order of Forfeiture of Weapons

CONCLUSION OF FILE

• ☐ Print-out electronic files (if necessary)
• ☐ Fill out closure forms
• ☐ Forward to File Room / Records

Subsequent Appearance

• Do I have the complete file?
• Was disclosure provided? To whom?
• Is there any pending disclosure requests?
• Have victims been identified? Was referral made to Victim Services?
• Does accused have counsel?
• Was an election made? If summary, is it within time?
• What is the trial-time estimate?
• Does a victim need to be given notice?
• If Accused failed to attend, was proper notice provable?
• Has there been any settlement proposal sent to defence?
• In case of snap sentencing, consider penalty and ancillary order?
• How much delay has accrued? Does it warrant request for deemed election/plea?

Organize for easy access

information, summary of facts, release/detention docs, criminal record, can-says, key photos

Disclosure Review

General

• information/indictment
• Crown sheet/brief
• Release Order / Undertaking
• List of witnesses with contact info
• Notice of Intention to Intro. Documents
• Scene Photos
• Injury Photos

Special Records for Specific Offences

• Certificate of Qualified Breath Tech
• Extrapolation Report
• Breath Test Ticket

Civilian Witnesses

Name / Involvment / Statements / Summary

Peace Officers

Name / Involvment / Report / Notes

Outstanding Disclosure

McNeil Requests

Vetting Disclosure

VETTING CHECKLIST

Relevance

• ☐ Clearly irrelevant

Privilege

• ☐ Informer privilege (usually in communication records)
• ☐ Solicitor-client privilege including Crown/police advice (usually in communication records, police reports)
• ☐ Investigative technique privilege

Witness safety

• ☐ Contact info (address, phone number, email address) for witnesses / alleged victims who are at specific risk.

Alleged Victim's Private Records for Certain Sexual Offences

• ☐ For certain sexual offences, any record that attracts reasonable expectation of privacy of the alleged victims.
  • ☐ medical, psychiatric, therapeutic, counselling,
  • ☐ education, employment,
  • ☐ child welfare, adoption and social services records
  • ☐ personal journals and diaries

On-going Investigation

• ☐ Records relating to investigative steps in ongoing investigations
• ☐ Records identifying suspects to ongoing investigations

NB Anything removed from received material should be noted and defence counsel should be informs as to the existence of any record in possession that has been withheld.