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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 TO SEVER COUNTS
(Pursuant to Section 591(3))
WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;
AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].
AND WHEREAS the Crown intends to call evidence from complainants AB, CD, and EF.
- AB will testify to allegations under s. xxx occurring [dates of the offence] (Counts #X1 and Y1).
- CD will testify to allegations under s. xxx occurring [dates of the offence] (Counts #X2 and Y2).
- ...
TAKE NOTICE that pursuant to s. 591(3) of the Criminal Code and common law set out in R v Last, 2009 SCC 45, the accused seeks to sever the counts on the informnation/indictment as follows:
- Trial #1: Counts X1, Y1, and Z1.
- Trial #2: Counts X2, Y2, and Z2.
- ...
THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS
- The burden is upon the applicant to establish that it is in the "interests of justice" to separate the counts into separate trials;
- The "interests of justice" captures the interests of the accused, the Crown, broad-based societal concerns, the truth-seeking function of the courts, and the integrity of the process: R v Beaulac, [1999] 1 S.C.R. 768; R v Owen, 2003 SCC 33, at para. 52; R v Last, 2009 SCC 45, at para. 16; R. v. Cowan, 2021 SCC 45, at para. 63.
- The factors to consider include (Last, para 18):
- general prejudice to the fair trial rights of the accused;
- the legal and factual nexus between the counts;
- the complexity of the evidence;
- whether the accused intends to testify on one count but not another;
- the possibility of inconsistent verdicts;
- the desire to avoid a multiplicity of proceedings;
- the use of similar fact evidence at trial;
- the length of the trial having regard to the evidence to be called;
- the potential prejudice to the accused with respect to the right to be tried within a reasonable time.
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS
- The evidence between the three complainant’s AB and CD will have the following elements in common that provide corroboration to parts of each allegation.
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]
- ...
- Any additional evidence as counsel may advise and this Honourable Court may permit.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
- The Crown asks that the Court’s analysis of the intent of the accused should take into account the similarities of his conduct with respect to the complainants AB and CD and consider drawing inferences that ... .
- The Crown asks that the Court’s analysis of evidence of AB and CD be considered in light of the similarities between the stories and that where applicable corroboration be considered when assessing individual credibility and when assessing the Crown evidence as a whole.
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:
In accordance with the appropriate Rules of Court,
[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_________________________________
[Counsel's name]
[Counsel's title]
[Internal File Coding]
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