GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
Are any of the following issues admitted by the defence? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
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)
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ Ownership of property that is the subject matter of the offence
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ Value of property that is the subject matter of the offence
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ Nature of drug ( Controlled Drugs and Substances Act offences)
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ Amount of drug possessed is “for the purpose of trafficking” ( Controlled Drugs and Substances Act offences)
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ Value of drug ( Controlled Drugs and Substances Act offences)
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 23
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 □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 1
Admission Does the defence agree? 1 Yes □ No □ 2 Yes □ No □ 3 Yes □ No □ 4 Yes □ No □ 5 Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 24
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
(a) Does the Crown or the defence intend to call any child witnesses? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (b)
(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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
If yes, specify name of witness and basis of challenge:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 25
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 □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
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 □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
If yes: (a) Provide details: (b) Does the defence oppose the order? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (b)
(b) Does the defence oppose the order? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 26
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
Does any party seek a publication ban? Crown: Yes □ No □ Defence: Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
(a) Provide details of order sought, media to be notified, timing of hearing and time estimate for hearing:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (b)
(b) Does the other party oppose the application? Yes □ No □ If opposed, provide time estimate for hearing:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
If opposed, provide time estimate for hearing:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 27
27 Privilege Issues Will any claim of privilege be asserted in respect of any evidence proposed for introduction? Yes □ No □ If yes, provide details:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
Will any claim of privilege be asserted in respect of any evidence proposed for introduction? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 28
28 Other Legal Issues That May Arise During Trial
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 29
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
(a) Does the Crown intend to challenge jurors for cause? Yes □ No □ If yes, what are the grounds:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (b)
(b) Does the defence intend to challenge jurors for cause? Yes □ No □ If yes, what are the grounds:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 30
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)?
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
(a) Does the accused require an interpreter? Yes □ No □ If yes, for which language(s)?
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (b)
(b) Do any witnesses require an interpreter? Yes □ No □ If yes, for which language(s)?
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 31
31 Special Courtroom Equipment Required Is any special equipment required (e.g. video equipment)? Yes □ No □ If yes, provide details:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
Is any special equipment required (e.g. video equipment)? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 32
32 Courtroom Security Issues Are there any special courtroom security issues that need to be addressed? Yes □ No □ If yes, provide details:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
Are there any special courtroom security issues that need to be addressed? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 34
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
(a) Anticipated number of Crown witnesses:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (c)
(c) Time estimate for the defence’s case:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
( 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 ).
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
THE MOTION IS FOR: ( State the precise relief claimed. )
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
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. )
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion: ( List the affidavits or other documentary evidence to be relied on. )
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
The applicant seeks to have the motion determined by calling oral evidence.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
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.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
The above case is scheduled for trial on:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ That the prosecutor/defence is prepared to proceed to trial on the trial date.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ That the prosecutor/defence is not prepared to proceed to trial because:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ 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.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ That the prosecutor/defence positions as indicated at the most recent pre-trial (or case management) conference have changed as follows:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ 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.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ 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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 1
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.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 2
2 Each party is encouraged to discuss the issues to be addressed at the pre-hearing conference in advance of the conference.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 3
3 The prosecutor must provide their position on each issue and not indicate they “will advise” or “not as yet”, etc.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 4
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.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 5
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.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ Crown report: ( prepared by and date )
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
□ Defence report: ( prepared by and date )
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
Have counsel discussed the issues raised in this Form after the committal for trial? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 1
1 Chronology (a) Date(s) of offence(s): (b) Date of arrest: (c) Date of conviction:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 3
3 Offences of Which Offender Has Been Convicted or to Which They Will Be Pleading Guilty:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 4
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
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 □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 5
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)
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
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)
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 6
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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (a)
(a) Does the offender consent to the order? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
If opposed, specify the basis on which the order is opposed:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (b)
(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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
If yes, outline the witnesses, the anticipated evidence and provide time estimates for evidence and argument:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — (c)
(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:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
If there are issues, set out the materials that are contentious:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7
7 Time Estimates for Evidence and Argument Crown estimate: Defence estimate:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 8
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
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
Has the Crown received the Attorney General’s consent? Yes □ No □
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
If yes, is the consent to proceed with a
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 9
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