GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — e)
e) How does the party claiming privilege seek to introduce the evidence on the voir dire ? (i) Viva voce evidence Yes □ No □ (ii) Agreed Statements of Fact Yes □ No □ (iii) Witness statements Yes □ No □ (iv) Transcripts Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 19
19 Applications to Stay Proceedings based upon: N/A □ a) Abuse of Process □ b) Charter breach, s. 7 □ c) Charter breach, s. 11(b) □ d) Entrapment (after finding of guilt) □ e) Other □ f) Overview of Defence position: g) Overview of Crown position: h) Pre-trial judge’s time estimate for application: Evidence Argument i) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20
20 Applications to Exclude Evidence other than a statement based upon s. 24(2) alleging breaches of: N/A □ a) s. 7 □ s. 8 □: warrantless search □ search warrant □ order □ authorization □ Issue: facial validity □ sub-facial validity □ execution □ Other: s. 9 □ Other: b) Defence position(s) re. nature of breach and evidence sought to be excluded: i) Appl. #1: ii) Appl. #2: iii) Appl. #3: c) Crown’s position(s) re. nature of breach and evidence sought to be excluded: i) Appl. #1: ii) Appl. #2: iii) Appl. #3: d) Do all counsel agree the applications can be heard in a combined voir dire ? Yes □ No □ Comments: e) Pre-trial judge’s time estimates: Appl. #1: Evidence Argument Appl. #2: Evidence Argument Appl. #3: Evidence Argument f) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — f)
f) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 21
21 Third Party Records Applications: N/A □ By Defence: Yes □ No □ By Crown: Yes □ No □ a) Relying upon: Mills , s. 278.2 Yes □ No □ O’Connor Yes □ No □ b) Nature of Records: c) Position of other party: d) Should the application be heard in advance of the trial date? Yes □ No □ Comments: e) Pre-trial judge’s time estimate for application: Evidence Argument f) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22
22 Evidence of the Complainant’s Prior Sexual Activity – s. 276 N/A □ a) Brief outline of evidence: b) Does the Crown contest admissibility? Yes □ No □ c) How does defence propose to introduce evidence on voir dire ? (i) viva voce evidence Yes □ No □ (ii) agreed statements of facts Yes □ No □ (iii) witness statement Yes □ No □ (iv) other d) Does the Crown consent to the manner in which evidence is proposed to be called? Yes □ No □ e) Pre-trial judge’s time estimate for voir dire : Evidence Argument f) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 23
23 Evidence of Other Suspects N/A □ a) Nature of Evidence: b) Does the Crown contest admissibility? Yes □ No □ c) Pre-trial judge’s time estimate for voir dire : Evidence Argument d) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24
24 Character of Victim N/A □ a) Nature of Evidence: b) Does the Crown contest admissibility? Yes □ No □ c) Pre-trial judge’s time estimate for voir dire : Evidence Argument d) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 25
25 Other legal issues defence counsel anticipate will arise: N/A □ a) b) c) d) Does Crown contest admissibility? i) Yes □ No □ ii) Yes □ No □ iii) Yes □ No □ e) Pre-trial judge’s time estimates: i) Evidence Argument ii) Evidence Argument iii) Evidence Argument f) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
26.1 Crown Witnesses a) Does the Crown intend to call expert witnesses? Yes □ No □ b) Field(s) of expertise: c) Issues upon which the evidence will be introduced: d) Does the defence contest the admissibility of the expert evidence? Yes □ No □ e) Basis upon which admissibility of evidence contested: □ legal relevance □ logical relevance □ necessity in assisting trier of fact □ absence of an exclusionary rule □ expert’s qualifications f) Comments: g) Pre-trial judge’s time estimate for voir dire : Evidence Argument h) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
26.2 Defence Witnesses N/A □ a) Does the defence intend to call expert witnesses? Yes □ No □ b) Field of expertise: c) Issues upon which the evidence will be introduced? d) Does the Crown contest the admissibility of the expert evidence? Yes □ No □ e) Basis upon which admissibility of evidence contested: □ legal relevance □ logical relevance □ necessity in assisting trier of fact □ absence of an exclusionary rule □ expert’s qualifications f) Comments: g) Pre-trial judge’s time estimate for voir dire : Evidence Argument h) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis, including whether applications(s) should be heard before the trial date: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 27
27 Position of Accused in Court a) Will there be an application to have the accused sit at counsel table? Yes □ No □ b) Does the Crown consent? Yes □ No □ c) If opposed, pre-trial judge’s estimated time for: Evidence Argument d) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidence to be called: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) If opposed, pre-trial judge’s estimated time for: Evidence Argument
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidence to be called: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 29
29 Position of the Parties a) Have the positions of counsel changed from those expressed on their pre-trial forms? Yes □ No □ b) If so, provide details: c) Pre-trial judge’s comments: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Pre-trial judge’s comments: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 31
31 Interpreters N/A □ a) Does the accused require an interpreter? Yes □ No □ b) If yes, for which language(s)? c) Do any Crown witnesses require an interpreter? Yes □ No □ d) Do any defence witnesses require an interpreter? Yes □ No □ e) If yes, for which language(s)? f) Should two interpreters be required? Yes □ No □ g) Comments: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 34
34 Other Potential Legal Issues N/A □ (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (a)
(a) Pre-trial judge’s summary of key issues on applications and at trial: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 36
36 Non-contentious Issues – Jurisdiction Admitted □ Not contested □ Identity of the accused Admitted □ Not contested □ Continuity of exhibits Admitted □ Not contested □ Medical Evidence Admitted □ Not contested □ Documentary Evidence Admitted □ Not contested □ Ownership Admitted □ Not contested □ Value of Property Admitted □ Not contested □ Accused as Driver Admitted □ Not contested □ Death/injuries caused by accused Admitted □ Not contested □ Expert’s report Admitted □ Not contested □ Age of Complainant Admitted □ Not contested □ Nature of drug Admitted □ Not contested □ Amount of drug is “for the purpose of trafficking” Admitted □ Not contested □ Value of drug Admitted □ Not contested □ Service of notice Admitted □ Not contested □ Photographs Admitted □ Not contested □ (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 37
37 Other factual, evidentiary or legal admissions agreed upon by defence: N/A □ (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 39
39 Positions of Parties a) Upon what evidentiary basis does the Crown seek to establish liability for each accused? (1) (2) (3) (4) (5) (6) b) Upon which section(s) of the Criminal Code does the Crown rely to establish the liability of each accused? (1) (2) (3) (4) (5) (6) c) Included offences? (1) (2) (3) (4) (5) (6) d) What is the position of the defence? (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Upon what evidentiary basis does the Crown seek to establish liability for each accused? (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) Upon which section(s) of the Criminal Code does the Crown rely to establish the liability of each accused? (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Included offences? (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) What is the position of the defence? (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
40. a) Will there be an application for the appointment of a Case Management Judge pursuant to s. 551.1? By the Crown: Yes □ No □ By the Defence Yes □ No □ Does the other party consent? Yes □ No □ (1) (2) (3) (4) (5) (6) b) Will there be an application for an order for a joint hearing of issues in common from separate prosecutions, pursuant to s. 551.7? By the Crown: Yes □ No □ By the Defence Yes □ No □ (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) Will there be an application for an order for a joint hearing of issues in common from separate prosecutions, pursuant to s. 551.7? By the Crown: Yes □ No □ By the Defence Yes □ No □ (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41
41 Pre-trial judge’s time estimates d) Estimated time for applications: e) Estimated time for trial: f) Comments:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 2
2 Judges who are unable to preside because of prior involvement in case, or conflict:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5
5 Is a French-speaking judge required? Yes □ No □ Is a French-speaking jury panel required? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Is a French-speaking jury panel required? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6
6 Trial Date: Should the motions dates be scheduled in advance of Jury selection: Yes □ No □ If yes, suggested dates:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Should the motions dates be scheduled in advance of Jury selection: Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 8
8 Will there be an application to have the accused at the counsel table? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 9
9 Special Needs: a) Interpreters: Language(s) Number of interpreters: Is the interpreter required for: i) The accused Yes □ No □ ii) Witnesses Yes □ No □ Directions re accused/witnesses meeting before trial: b) Length of trial: c) Child friendly courtroom: Yes □ No □ d) Special equipment required: i) Elmo projector Yes □ No □ ii) Television and VCR equipment Yes □ No □ iii) Television and CD player Yes □ No □ iv) Television and DVD player Yes □ No □ v) Teleconference facilities Yes □ No □ vi) Hearing devices Yes □ No □ vii) Other
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Interpreters: Language(s) Number of interpreters: Is the interpreter required for: i) The accused Yes □ No □ ii) Witnesses Yes □ No □ Directions re accused/witnesses meeting before trial:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — i)
Is the interpreter required for: i) The accused Yes □ No □ ii) Witnesses Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Directions re accused/witnesses meeting before trial:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Special equipment required: i) Elmo projector Yes □ No □ ii) Television and VCR equipment Yes □ No □ iii) Television and CD player Yes □ No □ iv) Television and DVD player Yes □ No □ v) Teleconference facilities Yes □ No □ vi) Hearing devices Yes □ No □ vii) Other
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — ii)
ii) Television and VCR equipment Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — iii)
iii) Television and CD player Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — iv)
iv) Television and DVD player Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 10
10 Are religious books, other than the Bible, required for swearing witnesses: Yes □ No □ If yes, please specify:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 11
11 Is a larger than normal jury panel required: Yes □ No □ If yes, please specify number:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
TRIAL READINESS REPORT (WHERE TRIAL READINESS COURT HELD)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
THIS FORM MUST BE FAXED 3 BUSINESS DAYS BEFORE THE TRIAL READINESS COURT IMMEDIATELY BEFORE THE TRIAL, OR AS DIRECTED BY THE PRE-TRIAL JUDGE
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
I , , Crown Counsel/Defence Counsel in the case of R. v. , scheduled for trial on certify: a) [ ] That the Crown/defence is prepared to proceed to trial on the trial date b) [ ] That the Crown/defence is not prepared to proceed to trial because: c) [ ] That the Crown/defence positions as indicated at the most recent pre-trial conference will be the Crown/defence positions at trial. d) [ ] That the Crown/defence positions as indicated at the most recent pre-trial conference have changed as follows: e) [ ] That the Crown/defence has filed all material required by the Rules and/or as directed by the pre-trial judge. f) [ ] That the Crown/defence has not filed the following material as required by the Rules and/or as directed by the pre-trial judge: • If any counsel in a case: i has changed their positions from that indicated at the most recent pre-trial conference; ii has not complied with the filing requirements pursuant to the Rules or the Order of the pre-trial judge; or, iii has not filed a Trial Readiness Form, all counsel in the case are required to attend the Trial Readiness Court, unless otherwise directed by the Trial Coordinator Date: Signed:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) [ ] That the Crown/defence is prepared to proceed to trial on the trial date
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) [ ] That the Crown/defence is not prepared to proceed to trial because:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) [ ] That the Crown/defence positions as indicated at the most recent pre-trial conference will be the Crown/defence positions at trial.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) [ ] That the Crown/defence positions as indicated at the most recent pre-trial conference have changed as follows:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — e)
e) [ ] That the Crown/defence has filed all material required by the Rules and/or as directed by the pre-trial judge.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — f)
f) [ ] That the Crown/defence has not filed the following material as required by the Rules and/or as directed by the pre-trial judge:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
• If any counsel in a case: i has changed their positions from that indicated at the most recent pre-trial conference; ii has not complied with the filing requirements pursuant to the Rules or the Order of the pre-trial judge; or, iii has not filed a Trial Readiness Form, all counsel in the case are required to attend the Trial Readiness Court, unless otherwise directed by the Trial Coordinator
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — i
i has changed their positions from that indicated at the most recent pre-trial conference;
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — ii
ii has not complied with the filing requirements pursuant to the Rules or the Order of the pre-trial judge; or,
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — iii
iii has not filed a Trial Readiness Form,
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
all counsel in the case are required to attend the Trial Readiness Court, unless otherwise directed by the Trial Coordinator
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
TRIAL READINESS REPORT (Where Trial Readiness Court not held)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
THIS FORM MUST BE FAXED TO THE TRIAL OFFICE, NOT LATER THAN 10 BUSINESS DAYS BEFORE THE TRIAL DATE, OR AS DIRECTED BY THE PRE-TRIAL JUDGE
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
I , , Crown Counsel/Defence Counsel in the case of R. v. , scheduled for trial on certify: a) [ ] That the Crown/defence is prepared to proceed to trial on the trial date. b) [ ] That the Crown/defence is not prepared to proceed to trial because: c) [ ] That the Crown/defence positions as indicated at the most recent pre-trial conference will be the Crown/defence positions at trial. d) [ ] That the Crown/defence position as indicated at the most recent pre-trial conference has changed as follows: e) [ ] That the Crown/defence has filed all material required by the Rules and/or as directed by the pre-trial judge. f) [ ] That the Crown/defence has not filed the following material as required by the Rules and/or as directed by the pre-trial judge: • If any counsel in a case: i has changed their positions from that indicated at the most recent pre-trial conference; ii has not complied with the filing requirements pursuant to the Rules, or the Order of the pre-trial judge; or, iii has not filed a Trial Readiness Form, a further pre-trial conference or court attendance may be directed by a judge of the Court. Date: Signed:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) [ ] That the Crown/defence is prepared to proceed to trial on the trial date.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) [ ] That the Crown/defence position as indicated at the most recent pre-trial conference has changed as follows:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
• If any counsel in a case: i has changed their positions from that indicated at the most recent pre-trial conference; ii has not complied with the filing requirements pursuant to the Rules, or the Order of the pre-trial judge; or, iii has not filed a Trial Readiness Form, a further pre-trial conference or court attendance may be directed by a judge of the Court.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — ii
ii has not complied with the filing requirements pursuant to the Rules, or the Order of the pre-trial judge; or,
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
a further pre-trial conference or court attendance may be directed by a judge of the Court.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
APPELLANT’S FACTUM—APPEAL FROM SENTENCE ONLY
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
( Criminal Proceedings Rules , Rule 40, Form 19)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 3
3 Offence(s) of which accused convicted:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4
4 Section(s) of Criminal Code 1 under which accused convicted: 1 Reference should be to the Criminal Code provision in force at the time of the commission of the offence.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 10
10 Present place of incarceration (if applicable):
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 11
11 If Appellant released on bail pending appeal, date of release: 2 2 Note that subrule 40.10(3) requires that the release order be reproduced in the Appeal Book.