Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench (SI/2016-34)

Regulations are current to 2017-11-20 and last amended on 2016-10-01. Previous Versions

SCHEDULE(Rules 5.03, 5.05 and 5.10, subrule 9.02(1), rule 11.03, subrules 12.02(1), 12.03(1), 14.02(1) and 15.02(1), rules 16.02 and 17.01, paragraph 17.02(c), rules 18.02, 18.03, 19.02 and 20.01, paragraph 20.15(a) and rule 21.02)

FORM 1(Rule 5.05)Covering Page

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

TITLE OF DOCUMENT

(If the document is an affidavit, indicate the name of the deponent and the date sworn.)

 

 

 

 

(name, address, email address and telephone and fax numbers of the person filing the document)

FORM 2(Rule 5.10)Order

File No.

THE QUEEN’S BENCH

Centre

THE HONOURABLE

(name of judge)

(day and date order made)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

ORDER

THIS MOTION (OR APPLICATION), made by (identify party) for (state the relief sought in the motion or application), was heard this day (or heard on (date)), at (place).

(Recite any particulars necessary to understand the order.)

 

 

 

 

 

ON READING the Notice of Motion (or Application) and the evidence filed by the parties (add, if applicable, and on hearing the oral evidence presented by the parties) and on hearing the submissions of counsel for (identify parties) (add, if applicable, and the submissions of (identify party appearing on his or her own behalf)) (add, if applicable, and, after having observed the non-appearance of or no one appearing for (identify party), although properly served as appears from (indicate proof of service)):

  • 1 THIS COURT ORDERS that

  • 2 THIS COURT ORDERS that

(date)(signature of judge)

FORM 3(Subrule 9.02(1) and rule 19.02)Notice of Application

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF APPLICATION

(identify party applying) will make an application before (name of judge or the presiding judge) on (day), (date), at (time) or as soon after that time as the application can be heard, at (address of court house).

THE APPLICATION IS FOR: (State the precise relief claimed.)

THE GROUNDS FOR THE APPLICATION ARE: (Specify the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

 

 

 

 

 

 

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the application: (List the affidavits or other documentary evidence to be relied on.)

 

 

 

 

 

 

AND/OR

The applicant seeks to have the application determined by calling oral evidence.

(date)(name, address, email address and telephone and fax numbers of the applicant or counsel for the applicant)

TO:

(name and address of the respondent or the respondent’s counsel)

FORM 4(Rule 11.03 and subrules 12.02(1) and 12.03(1))Pre-trial Conference Brief

NOTE:
  • 1 This Form must be filed by the assigned prosecutor and by counsel for each accused person or, if self-represented, the accused, before the first pre-trial conference or the resolution conference, whichever occurs earlier, unless otherwise ordered.

  • 2 Each party must provide their position on each issue and not indicate they “will advise” or “not as yet”, etc.

  • 3 The prosecutor must file this Form and serve it on defence counsel or, if self-represented, the accused, at least 14 days before the pre-trial conference or resolution conference. Counsel or the self-represented accused must file and serve their brief on the prosecutor at least seven days before the pre-trial conference or the resolution conference, regardless of whether the Crown has filed the Form. In cases where the Crown has not filed the Form or has filed it late, defence counsel or the self-represented accused should complete the Form to the extent possible.

  • 4 If any party changes the position taken on this Form, they must provide written notice to the other party and to the pre-trial judge of the change in position. If a party has not indicated that an application or motion will be brought, the presumption is that it will not be heard. The failure to notify the other side and the Court of any application not indicated on this Form will be a factor considered by the trial judge in determining whether the new position has prejudiced the other party and whether the application may proceed.

  • 5 The prosecutor’s copy of the brief must be accompanied by a brief synopsis of the allegations and the theory of the Crown’s case. If the prosecutor is arguing that the accused is liable to an offence as a party, the section of the Code that is being relied on by the prosecutor must be indicated.

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

PRE-TRIAL CONFERENCE BRIEF

□ Crown brief: (prepared by and date)

□ Defence brief: (prepared by and date)

(Counsel for: , if multiple accused.)

Have the parties discussed the issues raised in this Form after the committal for trial? Yes □ No □

Charges:

 

Election: Judge and Jury □ Judge Alone □

Is a re-election anticipated? Yes □ No □

Will the Crown consent? Yes □ No □

  • 1 Chronology

    • (a) Date(s) of offence(s):

    • (b) Date of arrest:

    • (c) Date of committal for trial:

    • (d) Date indictment filed:

  • 2 Form of Judicial Interim Release

    • (a) Is the accused detained in custody on this/these charges? Yes □ No □

    • (b) Is the accused detained in custody on any other charges? Yes □ No □

  • 3 Preliminary Inquiry

    Waived: Yes □ No □

    Length:

    Transcript ordered: Yes □ No □

DISCLOSURE
  • 4 Disclosure

    Complete: Yes □ No □

    • (a) Outstanding issues:

    • (b) When will outstanding disclosure be provided to defence?

  • 5 Third Party Records Applications

    • (a) Relying on:

      section 278.3 of the Code: Yes □ No □

      O’Connor: Yes □ No □

    • (b) Nature of records:

    • (c) Time estimate for voir dire:

  • 6 Removal of Accused’s Counsel

    Will the Crown be seeking removal of the accused’s counsel (e.g. alleging a conflict of interest)? If so, explain.

     

MENTAL DISORDER
  • 7 Mental Disorder Questions

    • (a) Will the issue of not criminally responsible due to mental disorder be raised at trial?

      By the Crown? Yes □ No □ By the defence? Yes □ No □

      If raised, will the application be opposed? Yes □ No □

    • (b) Is there an issue of the accused’s fitness to stand trial? Yes □ No □

RE-TRIALS
  • 8 Evidentiary Rulings from Previous Trial

    If this is a re-trial of a charge following a mistrial, do any of the parties take issue with the evidentiary rulings from the previous trial (section 653.1 of the Code)? Yes □ No □

PRE-TRIAL ISSUES
  • 9 Pre-trial Motions

    • (a) Quash indictment or count on the indictment: Yes □ No □

    • (b) Sever count(s) in indictment: Yes □ No □

    • (c) Sever accused: Yes □ No □

    • (d) Change of venue: Yes □ No □

    • (e) Amendment(s): Yes □ No □

    • (f) Other:

  • 10 Non-evidentiary Charter Issues

    • (a) Challenge to legislation or common law provision:

      Specifics of challenge:

       

      Can the challenge be heard in advance of the trial? If so, on what evidentiary basis?

       

    • (b) Application for remedy under subsection 24(1) of the Charter:

      Grounds:

    • (c) Has notice of a constitutional question been served? Yes □ No □

      Time estimate for hearing of application:

  • 11 Applications to Exclude Evidence Under Subsection 24(2) of Charter

    • (a) Evidence sought to be excluded:

       

    • (b) Charter sections to be relied on:

       

    • (c) Overview of defence position:

       

    • (d) Overview of Crown position:

       

    • (e) Time estimate for voir dire:

  • 12 Intercepted Private Communications

    • (a) Does the Crown seek to introduce wiretap evidence? Yes □ No □

    • (b) Brief overview of evidence:

       

    • (c) Does the defence require a voir dire to determine admissibility? Yes □ No □

    • (d) Will the defence apply to open the sealed packet? Yes □ No □

    • (e) Brief overview of defence position:

       

    • (f) Will the defence be making a Garofoli application? Yes □ No □

    • (g) Is voice identification an issue? Yes □ No □

    • (h) Time estimate for voir dire:

  • 13 Statements of Accused

    • (a) Will the Crown be tendering a statement of the accused as part of its case? Yes □ No □

    • (b) Will the Crown wish to use the statement to cross-examine the accused? Yes □ No □

    • (c) Form of the statement: Oral comments □ Written □ Audiotaped □ Videotaped □

    • (d) Does the defence dispute admissibility? Yes □ No □

    • (e) Voir dire issues:

      Recipient as a person in authority: Yes □ No □

      Voluntariness: Yes □ No □

      Paragraph 10(a) of the Charter: Yes □ No □

      Paragraph 10(b) of the Charter: Yes □ No □

      Section 7 of the Charter: Yes □ No □

    • (f) Brief summary of the defence’s position:

       

    • (g) If the statement was audiotaped or videotaped, has a transcript been provided to the defence? Yes □ No □

    • (h) If there are both Charter and voluntariness issues, do the parties agree that a blended voir dire is appropriate?

      Crown: Yes □ No □

      Defence: Yes □ No □

    • (i) Time estimate for voir dire:

  • 14 Witness Statements

    • (a) Will the Crown be seeking to introduce prior testimony or statements of a witness under section 715, 715.1 or 715.2 of the Code? If so, provide details.

       

       

       

    • (b) Will the defence contest the admissibility of the evidence or statements? Yes □ No □

  • 15 Principled Exception to Hearsay Rule / K.G.B. Applications

    • (a) Does the Crown seek to introduce any evidence relying on the principled exception to the hearsay rule? Yes □ No □

    • (b) If so, what is the nature of the evidence?

       

       

    • (c) Does the defence contest admissibility? Yes □ No □

    • (d) How does the Crown propose to introduce the evidence on the voir dire?

      Viva voce evidence: Yes □ No □

      Agreed statement of facts: Yes □ No □

      Witness statements: Yes □ No □

      Transcripts: Yes □ No □

    • (e) Time estimate for voir dire:

  • 16 Expert Witnesses

    • (a) Does the Crown intend to call expert witnesses or tender expert reports? Yes □ No □

    • (b) Field(s) of expertise:

    • (c) Issues in respect of which the evidence will be introduced:

       

    • (d) Does the defence contest the admissibility of the expert evidence? Yes □ No □

    • (e) Does the defence contest the expertise of the witness? Yes □ No □

    • (f) Time estimate for voir dire:

  • 17 Similar Fact Evidence

    • (a) Is the Crown seeking to introduce evidence of prior similar acts by the accused? Yes □ No

    • (b) Nature of evidence:

       

    • (c) Does the Crown seek to have admissibility determined in a pre-trial motion? Yes □ No □

    • (d) Does the defence dispute admissibility? Yes □ No □

    • (e) How does the Crown seek to introduce the evidence on the voir dire?

      Viva voce evidence: Yes □ No □

      Agreed statement of facts: Yes □ No □

      Witness statements: Yes □ No □

      Transcripts: Yes □ No □

    • (f) Time estimate for voir dire:

    • (g) Is the Crown seeking to rely on similar fact evidence with respect to the counts in the indictment? Yes □ No □

  • 18 Defence Experts

    • (a) Does the defence intend to call expert witnesses? Yes □ No □

    • (b) Field of expertise:

    • (c) Issues in respect of which the evidence will be introduced?

       

    • (d) Does the Crown contest the admissibility of the expert evidence? Yes □ No □

    • (e) Does the Crown contest the expertise of the witnesses? Yes □ No □

    • (f) Time estimate for voir dire:

  • 19 Sexual Assault Trials — Section 276 of Code

    • (a) Will defence counsel be seeking to cross-examine the complainant on prior sexual activity? Yes □ No

    • (b) Nature of evidence:

       

    • (c) Manner in which defence seeks to establish evidentiary basis on application:

    • (d) Time estimate for voir dire:

  • 20 Other Issues That May Require Pre-trial Rulings

    • (a) Issues:

       

    • (b) Will a voir dire be necessary? Yes □ No □

TRIAL ISSUES
  • 21 Defences and Triable Issues

    Is it reasonably anticipated that any of the following defences and triable issues will be raised? Yes □ No □

    If yes, specify:

    □ Identity

    □ Intoxication by drug or alcohol

    □ Accident

    □ Alibi

    □ Honest but mistaken belief in consent

    □ Self-defence

    □ Provocation

    □ Automatism

    □ Duress

    □ Other:

  • 22 Defence Admissions

    Are any of the following issues admitted by the defence? Yes □ No □

    If yes, specify:

    □ Jurisdiction

    □ Identity of the accused

    □ Date(s) of the offence(s)

    □ Continuity of exhibits

    □ Ownership of property that is the subject matter of the offence

    □ Value of property that is the subject matter of the offence

    □ Death or injuries caused by accused

    □ Nature of drug (Controlled Drugs and Substances Act offences)

    □ Amount of drug possessed is “for the purpose of trafficking” (Controlled Drugs and Substances Act offences)

    □ Value of drug (Controlled Drugs and Substances Act offences)

  • 23 Other Factual, Evidentiary or Legal Admissions

    Admission Does the defence agree?

    • 1  Yes □ No □

    • 2  Yes □ No □

    • 3  Yes □ No □

    • 4  Yes □ No □

    • 5  Yes □ No □

  • 24 Competency of Witnesses

    • (a) Does the Crown or the defence intend to call any child witnesses? Yes □ No □

    • (b) Does the Crown or the defence intend to challenge the capacity of any witness to testify? Yes □ No □

      If yes, specify name of witness and basis of challenge:

       

  • 25 Witnesses Under 18 or Who Have Disability

    Does the Crown intend to seek an order for a support person under section 486.1 of the Code or any testimonial aid (e.g. a screen) under section 486.2 of the Code? Yes □ No □

    If yes:

    • (a) Provide details:

    • (b) Does the defence oppose the order? Yes □ No □

  • 26 Publication Bans

    Does any party seek a publication ban?

    Crown: Yes □ No □

    Defence: Yes □ No □

    If yes:

    • (a) Provide details of order sought, media to be notified, timing of hearing and time estimate for hearing:

       

       

       

    • (b) Does the other party oppose the application? Yes □ No □

      If opposed, provide time estimate for hearing:

  • 27 Privilege Issues

    Will any claim of privilege be asserted in respect of any evidence proposed for introduction? Yes □ No □

    If yes, provide details:

     

  • 28 Other Legal Issues That May Arise During Trial

     

     

     

  • 29 Challenges for Cause

    • (a) Does the Crown intend to challenge jurors for cause? Yes □ No □

      If yes, what are the grounds:

    • (b) Does the defence intend to challenge jurors for cause? Yes □ No □

      If yes, what are the grounds:

  • 30 Interpreters

    • (a) Does the accused require an interpreter? Yes □ No □

      If yes, for which language(s)?

    • (b) Do any witnesses require an interpreter? Yes □ No □

      If yes, for which language(s)?

  • 31 Special Courtroom Equipment Required

    Is any special equipment required (e.g. video equipment)? Yes □ No □

    If yes, provide details:

  • 32 Courtroom Security Issues

    Are there any special courtroom security issues that need to be addressed? Yes □ No □

    If yes, provide details:

     

     

  • 33 Other Potential Issues

     

     

     

  • 34 Time Estimates

    • (a) Anticipated number of Crown witnesses:

    • (b) Time estimate for the Crown’s case:

    • (c) Time estimate for the defence’s case:

Date: Signature:

FORM 5(Subrules 14.02(1) and 15.02(1) and rules 16.02 and 21.02)Notice of Motion

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF MOTION

(identify moving party) will make a motion before (name of judge or presiding judge) on (day), (date), at (time) or as soon after that time as the motion can be heard, at (address of court house).

THE MOTION IS FOR: (State the precise relief claimed.)

THE GROUNDS FOR THE MOTION ARE: (Specify the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

 

 

 

 

 

 

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion: (List the affidavits or other documentary evidence to be relied on.)

 

 

 

 

 

 

AND/OR

The applicant seeks to have the motion determined by calling oral evidence.

(date)(name, address, email address and telephone and fax numbers of the applicant or counsel for the applicant)

TO:

(name and address of the respondent or the respondent’s counsel)

FORM 6(Rule 17.01 and paragraph 17.02(c))Trial Readiness Report

NOTE:

This Form must be filed or faxed to the trial coordinator at least 14 days before the trial date or as directed by the pre-trial conference judge or case management judge.

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

TRIAL READINESS REPORT

The above case is scheduled for trial on:

I, , counsel for the Crown/counsel for the accused (or the accused, if self-represented) certify:

□ That the prosecutor/defence is prepared to proceed to trial on the trial date.

□ That the prosecutor/defence is not prepared to proceed to trial because:

 

 

□ That the prosecutor/defence positions as indicated at the most recent pre-trial (or case management) conference will be the prosecutor/defence positions at trial.

□ That the prosecutor/defence positions as indicated at the most recent pre-trial (or case management) conference have changed as follows:

 

 

 

 

□ That the prosecutor/defence has filed all material required by the Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench and/or as directed by the pre-trial (or case management) judge.

□ That the prosecutor/defence has not filed the following material as required by the Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench and/or as directed by the pre-trial conference (or case management) judge:

 

 

 

 

Date: Signature:

FORM 7(Rules 18.02 and 18.03)Pre-Hearing Conference Report for Dangerous or Long-Term Offender Application

NOTE:
  • 1 This Form must be completed in full in all cases and be signed by the assigned prosecutor or a prosecutor authorized to bind the Crown, and by counsel for the offender or, if self-represented, the offender, before the first judicial pre-hearing conference, unless otherwise ordered or unless the offender will be consenting to the application.

  • 2 Each party is encouraged to discuss the issues to be addressed at the pre-hearing conference in advance of the conference.

  • 3 The prosecutor must provide their position on each issue and not indicate they “will advise” or “not as yet”, etc.

  • 4 The prosecutor must file this Form and serve it on defence counsel or, if self-represented, the offender, at least 14 days before the pre-trial conference. Defence counsel or the self-represented offender must file and serve their report on the prosecutor at least seven days before the pre-trial conference, regardless of whether the Crown has filed the Form. In cases where the Crown has not filed the Form or has filed it late, counsel or the self-represented offender should complete the Form to the extent possible.

  • 5 If any party changes the position taken on this Form, they must provide written notice to the other party and to the Court of the change in position.

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

PRE-HEARING CONFERENCE REPORT FOR DANGEROUS OR LONG-TERM OFFENDER APPLICATION

□ Crown report: (prepared by and date)

□ Defence report: (prepared by and date)

Have counsel discussed the issues raised in this Form after the committal for trial? Yes □ No □

ASSESSMENT PHASE
  • 1 Chronology

    • (a) Date(s) of offence(s):

    • (b) Date of arrest:

    • (c) Date of conviction:

  • 2 Form of Judicial Interim Release

    • (a) Is the accused detained in custody on this/these charges? Yes □ No □

    • (b) Is the accused detained in custody on any other charges? Yes □ No □

  • 3 Offences of Which Offender Has Been Convicted or to Which They Will Be Pleading Guilty:

     

     

     

  • 4 Trial Judge

    Do counsel anticipate any problem arising if the Court were to assign a judge who is not the trial judge to hear the dangerous or long-term offender application?

    Crown: Yes □ No □

    Defence: Yes □ No □

    If yes, specify:

     

     

     

  • 5 Order Under Part XXIV of Code

    On which provision(s) does the Crown rely in seeking an order under Part XXIV of the Code?

    □ Subparagraph 753(1)(a)(i)

    □ Subparagraph 753(1)(a)(ii)

    □ Subparagraph 753(1)(a)(iii)

    □ Paragraph 753(1)(b)

    □ Subsection 753.1(1)

  • 6 Section 752.1 of Code Assessment

    • (a) Does the offender consent to the order? Yes □ No □

    If opposed, specify the basis on which the order is opposed:

     

     

     

    • (b) Does any party intend to call evidence on the application? Yes □ No □

      If yes, outline the witnesses, the anticipated evidence and provide time estimates for evidence and argument:

       

       

       

       

    • (c) Have counsel discussed the materials to be provided to the doctor preparing the assessment? Yes □ No □

      If there are issues, set out the materials that are contentious:

       

       

       

       

  • 7 Time Estimates for Evidence and Argument

    Crown estimate:

    Defence estimate:

APPLICATION PHASE
  • 8 Attorney General’s Consent

    Has the Crown received the Attorney General’s consent? Yes □ No □

    If no, when is the response expected?

    If yes, is the consent to proceed with a

    □ Dangerous offender application

    □ Long-term offender application

  • 9 Evidentiary Basis

    What is the evidentiary basis for the application?

    • (a) Current conviction(s): Yes □ No □ (If yes, attach a synopsis to the Crown form.)

      If the trial was before a judge and jury, will any party request a hearing under section 724 of the Code regarding the factual conclusions?

      Crown: Yes □ No □

      Defence: Yes □ No □

      If yes, provide time estimates for submissions:

      Crown:

      Defence:

    • (b) Prior convictions: Yes □ No □

      If yes, list offence(s), date(s), whether trial or guilty plea and sentence(s) and attach a brief summary of the offence(s):

       

       

       

       

       

      • (i) Does the defence contest the admissibility of the evidence? Yes □ No □

      • (ii) If yes, on what basis does the defence dispute admissibility?

         

         

         

      • (iii) How will the Crown seek to introduce the evidence of the prior conviction(s)?

        □ Transcripts

        □ Oral testimony

        □ Court records

        If otherwise, specify:

         

         

         

         

         

      • (iv) If the evidence is admissible, does the defence dispute the method by which the Crown seeks to introduce the evidence? Yes □ No □

        Comments:

         

         

    • (c) Prior uncharged offences or other conduct: Yes □ No □

      • (i) If yes, list incident(s) and date(s) and attach a brief summary of the incident(s):

         

         

         

         

      • (ii) Does the defence contest the admissibility of the evidence? Yes □ No □

      • (iii) If yes, on what basis does the defence dispute admissibility?

         

         

         

      • (iv) How will the Crown seek to introduce the evidence of the prior uncharged offences or other conduct?

        □ Transcripts

        □ Oral testimony

        □ Court records

        If otherwise, specify:

         

         

      • (v) If the evidence is admissible, does the defence dispute the method by which the Crown seeks to introduce the evidence? Yes □ No □

        Comments:

         

         

    • (d) Other evidence: Yes □ No □

      • (i) If yes, attach a brief summary of the evidence:

         

         

         

         

      • (ii) Does the defence contest the admissibility of the evidence? Yes □ No □

      • (iii) If yes, on what basis does the defence dispute admissibility?

         

         

         

         

      • (iv) How will the Crown seek to introduce the evidence?

        □ Transcripts

        □ Oral testimony

        □ Court records

        If otherwise, specify:

         

         

      • (v) If the evidence is admissible, does the defence dispute the method by which the Crown seeks to introduce the evidence? Yes □ No □

        Comments:

         

         

         

    • (e) Crown expert witnesses

      • (i) Does the Crown intend to call expert witnesses? Yes □ No □

      • (ii) Does the defence contest the admissibility of the expert evidence as disclosed? Yes □ No □

      • (iii) Name(s) of expert witnesses:

         

         

         

         

      • (iv) Field(s) of expertise:

         

         

         

         

      • (v) Issues on which the evidence will be introduced:

         

         

         

      • (vi) Basis on which the admissibility of the evidence is contested:

        □ Legal relevance

        □ Logical relevance

        □ Necessity in assisting trier of fact

        □ Presence of an exclusionary rule

        □ Expert’s qualifications

      • (vii) Comments:

         

         

         

      • (viii) Time estimate for voir dire

        Evidence: Crown Defence

        Argument: Crown Defence

  • 10 Disclosure

    Complete: Yes □ No □

    • (a) Outstanding issues:

       

       

       

    • (b) Lost or destroyed evidence:

       

    • (c) Withheld or delayed evidence:

       

    • (d) How are the outstanding issues to be addressed and by what date?

       

       

       

  • 11 Documents

    • (a) Third party records applications: Yes □ No □

      • (i) Relying on:

        Mills, section 278.3 of the Code: Yes □ No □

        O’Connor: Yes □ No □

      • (ii) Nature of records:

         

         

         

      • (iii) Time estimate for voir dire

        Evidence: Crown Defence

        Argument: Crown Defence

      • (iv) How long prior to trial does the applicant propose the motion be heard?

         

         

         

    • (b) Institutional records

      • (i) Does the Crown intend to introduce institutional records? Yes □ No □

      • (ii) If yes, list institutions from which records are to be produced:

         

         

         

      • (iii) Issues on which the records will be introduced:

         

         

         

      • (iv) Does the defence contest the admissibility of the records? Yes □ No □

      • (v) If yes, on what basis does the defence dispute admissibility?

         

         

         

  • 12 Charter Applications

    Does the offender intend to bring any Charter application that has not been addressed above? Yes □ No □

    If yes, will the application be to challenge:

    • (a) Legislation? Yes □ No □

      If yes, provide details of challenge, nature of evidence to be called and time estimates for evidence and arguments:

       

       

       

       

    • (b) Admissibility of evidence, not noted above? Yes □ No □

      If yes, provide details of challenge, nature of evidence to be called and time estimates for evidence and arguments:

       

       

       

       

  • 13 Other Legal Issues

    • (a) Are there other legal issues that may require rulings?

      Yes □ No □

    If yes, provide details:

     

     

     

    • (b) Time estimate for voir dire

      Evidence: Crown Defence

      Argument: Crown Defence

  • 14 Defence Experts

    • (a) Does the defence intend to call expert witnesses? Yes □ No □

      If yes:

      Name(s) of expert(s):

      Qualifications of the proposed witness as an expert:

       

       

      Description of the area of expertise of the proposed witness that is sufficient to permit the other parties to inform themselves about that area of expertise:

       

       

       

      Does the Crown contest the admissibility of the expert evidence? Yes □ No □

      If yes, specify the basis on which admissibility of the evidence is contested:

      □ Legal relevance

      □ Logical relevance

      □ Necessity in assisting trier of fact

      □ Presence of an exclusionary rule

      □ Expert’s qualifications

    • (b) Comments:

       

       

       

    • (c) Time estimate for voir dire

      Evidence: Crown Defence

      Argument: Crown Defence

  • 15 Competency of Witnesses

    • (a) Does the Crown or the defence intend to call any witness who is under the age of 14 years? Yes □ No □

      If yes, specify name of witness and his or her age:

    • (b) Does the Crown or the defence intend to challenge the capacity of any witness on the basis of mental capacity? Yes □ No □

      If yes, specify name of witness and basis of challenge:

  • 16 Manner in Which Evidence to Be Introduced

    Does the Crown or the defence seek to have any witness’s evidence introduced? Yes □ No □

    If yes, specify:

    □ by video link, under section 714.1 or section 714.2 of the Code

    □ by reading in evidence previously taken, under section 715 of the Code

    □ by videotaped evidence, under section 715.1 of the Code

    □ as vulnerable witness, under section 486.2 of the Code

    □ by other means; provide details:

     

    Does the opposing party consent to the admissibility of the evidence in the manner proposed? Yes □ No □

    If opposed, estimated time for:

    Evidence: Crown Defence

    Argument: Crown Defence

  • 17 Order Under Section 486.3 of Code

    Will the Crown or any witness apply for an order under section 486.3 of the Code, appointing counsel to cross-examine a witness if the offender is self-represented? Yes □ No □

    If yes, does the offender oppose the order? Yes □ No □

  • 18 Witnesses Under 18 or Who Have Disability

    Does the Crown intend to seek an order for a support person under section 486.1 of the Code or any testimonial aid (e.g. a screen) under section 486.2 of the Code? Yes □ No □

    If yes:

    • (a) Provide details:

    • (b) Does the defence oppose the order? Yes □ No □

  • 19 Publication Bans or Deferred Publication Orders

    • (a) Does the Crown seek an order under section 486.4 or 486.5 of the Code banning the publication of the complainant’s identity? Yes □ No □

      If yes, does the defence oppose the order? Yes □ No □

      If opposed, estimated time for:

      Evidence: Crown Defence

      Argument: Crown Defence

    • (b) Does either party seek other publication bans or deferred publication orders?

      Crown: Yes □ No □

      Defence: Yes □ No □

      If yes:

      • (i) Provide details of order sought, media to be notified, timing of hearing and time estimate for hearing:

         

         

         

         

      • (ii) Does the other party oppose the application? Yes □ No □

        If opposed, provide time estimate for evidence and separate time estimate for argument:

        Evidence: Argument:

  • 20 Privilege Issues

    Will the Crown be raising issues of privilege? Yes □ No □

    Will the defence be raising issues of privilege? Yes □ No □

    If yes:

    • (a) Specify the nature of the evidence and issue of privilege:

       

       

       

    • (b) Specify the basis on which the party seeking admission is relying:

       

       

       

    • (c) How does the party claiming privilege seek to introduce the evidence on the voir dire?

      Viva voce evidence: Yes □ No □

      Agreed statement of fact: Yes □ No □

      Witness statements: Yes □ No □

      Transcripts: Yes □ No □

    • (d) Does the other party consent to the manner in which the evidence will be introduced on the voir dire? Yes □ No □

      Comments:

       

    • (e) Time estimate for voir dire:

      Evidence: Crown Defence

      Argument: Crown Defence

  • 21 Gladue Considerations

    • (a) Is the offender of Aboriginal heritage? Yes □ No □

    • (b) Does the Crown or defence anticipate calling any witnesses, introducing any evidence or making any submission in relation to Gladue considerations?

      Crown: Yes □ No □

      Defence: Yes □ No □

      If yes, indicate the witnesses to be called and the nature of their evidence and provide time estimates for evidence and argument:

       

       

       

    • (c) Does the other counsel consent to the admissibility of the evidence? Yes □ No □

      If no, provide the basis of the objection:

       

       

  • 22 Factual, Evidentiary or Legal Admissions Sought by Crown or Conceded by Defence

    Admission Does the defence agree?

    • 1 Yes □ No □

    • 2 Yes □ No □

    • 3 Yes □ No □

    • 4 Yes □ No □

    • 5 Yes □ No □

  • 23 Position of Offender in Court

    Will there be an application to have the offender sit at counsel table? Yes □ No □

    If yes:

    • (a) Does the Crown consent? Yes □ No □

      If opposed, what is the nature of the evidence relied on?

       

       

    • (b) Time estimate for voir dire:

      Evidence: Crown Defence

      Argument: Crown Defence

  • 24 Interpreters

    • (a) Does the defence require an interpreter? Yes □ No □

      If yes, for which language(s)?

    • (b) Do any Crown witnesses require an interpreter? Yes □ No □

      If yes, for which language(s)?

    • (c) Are two interpreters required? Yes □ No □

  • 25 Additional Courtroom Equipment Required

    • (a) Elmo projector: Yes □ No □

    • (b) Television and VCR: Yes □ No □

    • (c) Television and CD player: Yes □ No □

    • (d) Television and DVD player: Yes □ No □

    • (e) Hearing devices: Yes □ No □

    • (f) Teleconference facilities: Yes □ No □

    • (g) Other:

       

  • 26 Courtroom Security Issues

    • (a) Does any party believe that increased courtroom security issues are raised in this case? Yes □ No □

      If yes, provide details:

       

    • (b) Does any party seek an order closing the courtroom to the public under section 486(1) of the Code? Yes □ No □

      If yes, provide details:

       

  • 27 Crown’s Position

    • (a) On a dangerous offender application, is the Crown seeking

      • (i) an indeterminate sentence, under paragraph 753(4)(a) of the Code? Yes □ No □

      • (ii) a determinate sentence followed by a long-term supervision order under paragraph 753(4)(b) of the Code? Yes □ No □

      • (iii) a determinate sentence under paragraph 753(4)(c) of the Code? Yes □ No □ Length:

    • (b) On a long-term offender application, the Crown will seek

      • (i) length of determinate sentence:

      • (ii) length of long-term supervision order:

  • 28 Corollary Orders Sought by Crown

    • (a) DNA Order: Yes □ No □

    • (b) section 109 of the Code prohibition: Yes □ No □ Duration:

    • (c) section 161 of the Code order: Yes □ No □ Duration:

    • (d) Sex Offender Registry Order: Yes □ No □

      Sex Offender Registry Order: Yes □ No □

      □ 10 years (paragraph 490.013(2)(a) of the Code — maximum sentence of two to five years)

      □ 20 years (paragraph 490.013(2)(b) of the Code — maximum sentence of 10 to 14 years)

      □ Life (paragraph 490.013(2)(c) or subsection 490.013(3) of the Code — maximum sentence of life or if was bound by previous Sex Offender Information Registration Act order)

  • 29 Time Estimates

    Crown estimate for evidence and argument:

    Defence estimate for evidence and argument:

  • 30 Counsel’s Availability (Including Expert Witnesses)

    Crown: (dates)

    Defence: (dates)

FORM 8(Rule 20.01)Notice of Appeal

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF APPEAL

TAKE NOTICE that the Appellant appeals from the following:

□ ACQUITTAL □ CONVICTION □ SENTENCE □ ORDER

  • 1 Place of conviction

     □ 408 York Avenue, Winnipeg, Manitoba

    □ 373 Broadway, Winnipeg, Manitoba

    □ other:

  • 2 Court appealed from:

  • 3 Offence(s) in question:

  • 4 Sentence imposed, if applicable:

  • 5 Date of acquittal, conviction or order:

  • 6 Date of sentence:

GROUNDS OF APPEAL (state concisely):

 

 

Relief sought:

 

 

The address for service of the appellant is:

(address, email address and telephone and fax numbers of the appellant)

□ No evidence recorded

□ Evidence recorded — transcript ordered

□ Appellant seeks to proceed under section 830 of the Code on agreed facts

□ Appellant will request a de novo hearing under section 822 of the Code (Notice of Motion is attached)

(date)(signature of appellant or counsel)

(print name of appellant or counsel)

FORM 9(Paragraph 20.15(a)Notice of Abandonment

File No.

THE QUEEN’S BENCH

Centre

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

— and —

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF ABANDONMENT

THE APPELLANT abandons this appeal.

DATED at , Manitoba, this day of , 20.

(signature of appellant or appellant’s counsel)

 

 

(name, address, email address and telephone and fax numbers)

(if appellant is self-represented, signature of witness)

(print name of witness)

 
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