GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 12
12 Period spent in pre-trial/pre-sentence incarceration? 3 3 Where the incarceration was due to circumstances other than detention on the charge(s) under appeal this should be made clear. Thus if for a period of the time the Appellant was serving sentence on another offence either this period should not be included or there should be a note to this effect.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 13
13 Parole eligibility date: 4 4 This date is available from the sentence administrator of the institution where the Appellant is incarcerated. Where the Appellant is serving a sentence for offences other than the offence(s) under appeal this should be made clear in a note.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 14
14 Name(s) of co-accused and sentence(s) imposed for offence(s) upon which he/they was/were convicted: 5 5 Where the Appellant relies on disparity as a ground for varying the sentence, additional details may be necessary and should be included in Part II of the Factum. These details would include the co-accused’s criminal record, reference to the trial judge’s reasons for the sentence imposed on the co-accused, the involvement of the co-accused, whether the co-accused was convicted of other offences so that the totality principle affected the sentence, and any other information providing context to the allegation of disparity.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 15
15 Does Appellant have a prior criminal record? 6 6 If the Appellant has a prior criminal record, it should be set out in detail in Part II of the Factum.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 18
18 Appellant’s present age and age at time of offence:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 19
19 Was there a pre-sentence report prepared? 7 7 If there was a pre-sentence report prepared, its contents should be briefly summarized in Part II of the Factum. In addition, the entire pre-sentence report must be included in the Appeal Book.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20
20 Were there any medical, psychological, psychiatric or similar reports referred to or filed at the sentence proceedings? 8 8 Where relevant, the contents of such reports should be briefly summarized in Part II of the Factum. In addition, the complete report must be included in the Appeal Book, whether or not it was formally marked as an exhibit in the proceedings.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 21
21 Was there a joint submission and if so what was it? 9 9 A joint submission would include where the solicitors have agreed on a range of sentence to be submitted to the trial judge.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 22
22 If no joint submission briefly set out the position of the Crown and defence counsel on the sentence proceedings: 10 10 The “position” of the solicitors may simply be that the sentence should take a particular form, i.e. incarceration, or may be more specific, i.e. a specified term of months or years. If the solicitors did not make any suggestions as to the type or length of sentence this should be indicated as well.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 23
23 Was there a victim impact statement? 11 11 If there was a victim impact statement, its contents should be briefly summarized in Part II of the Factum. If there was no victim impact statement but evidence was led as to the effect on the victim, this too should be briefly summarized in Part II of the Factum.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 24
24 Will there be an application to admit fresh evidence and if so does the Respondent consent to its admission? 12 12 Where the Respondent consents to the admission of fresh evidence on the appeal, this evidence may be included in the Appeal Book or filed separately and reference may be made to the evidence in Part II of the Factum. No notice of application is required, provided that the material is clearly identified as fresh evidence and the Respondent has consented to its admission. Where the Respondent opposes the admission of fresh evidence, then the solicitor for the Respondent must prepare a notice of application returnable on the date of the appeal. The evidence itself should be filed with the notice of motion, but in a sealed envelope.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 13
Facts of the Offence: 13 13 Where the facts are complicated and somewhat lengthy, solicitors may wish to include a paragraph containing an overview of the facts. In most sentence appeals, that paragraph should not be necessary.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Fresh Evidence : ( Here briefly summarize the fresh evidence which on consent has been filed with the Court )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
It is respectfully submitted that the appeal be allowed and the sentence reduced (or varied, etc.)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
( signature of solicitor for the defence ) (Solicitor for the Appellant)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
( Criminal Proceedings Rules , Rule 4.09, Form 22)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
I REQUIRE ( Set out a concise statement of what is sought and include all particulars necessary for the registrar to act. Where what is sought is authorized by an order, refer to the order in the requisition and attach a copy of the entered order. Where an affidavit or other document must be filed with the requisition, refer to it in the requisition and attach it ).
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
(Date) (Name and address and telephone number of solicitor or person filing requisition)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 1
1 This form must be completed in full in all cases, and signed by the assigned Crown counsel, or a Crown counsel authorized to bind the Crown, and by counsel of record for each offender , before the first judicial pre-hearing conference, unless otherwise ordered, or unless the offender will definitely be consenting to the application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 2
2 Crown and defence counsel are encouraged to discuss the issues to be addressed at the pre-hearing conference in advance of the conference.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4
4 Crown must complete this form and fax, or deliver it to defence counsel of record and the Superior Court Trial Office, not later than 10 days before the date scheduled for the pre-hearing conference. Defence counsel must fax or deliver their report to the Crown Attorney and the Superior Court Trial Office not later than 5 days before the date scheduled for the pre-hearing conference, regardless of whether the Crown has filed a form. In cases where the Crown has not filed the form, or has filed it late, defence counsel should complete the form to the extent possible.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5
5 If any party changes the position taken on this form, which will be provided to the application judge, they must provide written notice to the other party and the Superior Court Trial Office of the change in position, in addition to any notice required by the Rules of Court. If counsel have not indicated an application will be brought, the presumption is that it will not be heard. The failure to notify the other side and the Trial Office 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 any application may proceed.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Have counsel discussed the issues raised in this form? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 1
1 Chronology: a) Date(s) of Offence(s): b) Date of Arrest: c) Date of Committal for Trial:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 2
2 Form of Judicial Interim Release a) Is the offender detained in custody on this/these charges? Yes □ No □ b) Is the offender detained in custody on any other charges? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Is the offender detained in custody on this/these charges? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) Is the offender detained in custody on any other charges? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 3
3 Offences upon which the offender has been convicted or will be pleading guilty to:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4
4 Trial Judge: Do counsel anticipate any problem arising if the Court were to assign a judge other than the trial judge to hear the Dangerous or Long- Term Offender Application? Crown: Yes □ No □ Defence: Yes □ No □ If yes, please specify:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Do counsel anticipate any problem arising if the Court were to assign a judge other than the trial judge to hear the Dangerous or Long- Term Offender Application? Crown: Yes □ No □ Defence: Yes □ No □ If yes, please specify:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5
5 Upon which section(s) does the Crown rely in seeking a Part XXIV order? s. 753(1)(a)(i) □ s. 753(1)(a)(ii) □ s. 753(1)(a)(iii) □ s. 753(1)(b) □ s. 753.1(1)(a) □ s. 753.1(1)(b) □ s. 753.1(1)(c) □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
s. 753(1)(a)(i) □ s. 753(1)(a)(ii) □ s. 753(1)(a)(iii) □ s. 753(1)(b) □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
s. 753.1(1)(a) □ s. 753.1(1)(b) □ s. 753.1(1)(c) □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6
6 Section 752.1 Assessment: a) Does the offender consent to the order? Yes □ No □ b) If order opposed, the basis on which it is opposed is: c) Does either party intend to call evidence on the application? Yes □ No □ d) If yes, outline the witnesses, the anticipated evidence and provide time estimates for evidence and argument: e) Have counsel discussed the material to be provided to the doctor preparing the assessment? Yes □ No □ i If there are issues please set out the contentious material:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Does the offender consent to the order? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) If order opposed, the basis on which it is opposed is:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Does either party intend to call evidence on the application? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) If yes, outline the witnesses, the anticipated evidence and provide time estimates for evidence and argument:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — e)
e) Have counsel discussed the material to be provided to the doctor preparing the assessment? Yes □ No □ i If there are issues please set out the contentious material:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — i
i If there are issues please set out the contentious material:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 7
7 Time estimates: Crown estimate for evidence and argument: Defence estimate for evidence and argument:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Crown estimate for evidence and argument:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Defence estimate for evidence and argument:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 8
8 Attorney General’s Consent: a) Has the Crown received the Attorney General’s consent? Yes □ No □ b) If no, when is the response expected? c) Is the consent to proceed with a: (i) Dangerous Offender application □ (ii) Long Term Offender application □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Has the Crown received the Attorney General’s consent? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) If no, when is the response expected?
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Is the consent to proceed with a: (i) Dangerous Offender application □ (ii) Long Term Offender application □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 9
9 Evidentiary Basis upon which the application will be based? a) Current conviction(s): synopsis to be attached to Crown form (i) If the trial was before a judge and jury, will either party request a hearing pursuant to s. 724 regarding the factual conclusions? Crown Yes □ No □ Defence Yes □ No □ If yes, time estimates for submissions: Crown: Defence: b) Prior Convictions: Yes □ No □ (i) If yes, list offence(s), date(s), whether trial or guilty plea, sentence(s) and attach a synopsis or brief summary of the offence(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 conviction(s)? Transcripts □ oral testimony □ court records □ Otherwise, please 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: c) Prior uncharged offences or other conduct: Yes □ No □ (i) If yes, list incident(s), date(s), and attach a synopsis or 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 □ Otherwise, please 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: Yes □ No □ (i) If yes, attach a synopsis or 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 □ Otherwise, please 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 upon which the evidence will be introduced: (vi) Basis upon which admissibility of evidence 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
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Current conviction(s): synopsis to be attached to Crown form (i) If the trial was before a judge and jury, will either party request a hearing pursuant to s. 724 regarding the factual conclusions? Crown Yes □ No □ Defence Yes □ No □ If yes, time estimates for submissions: Crown: Defence:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
(i) If the trial was before a judge and jury, will either party request a hearing pursuant to s. 724 regarding the factual conclusions? Crown Yes □ No □ Defence Yes □ No □ If yes, time estimates for submissions: Crown: Defence:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
If yes, time estimates for submissions: Crown: Defence:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) Prior Convictions: Yes □ No □ (i) If yes, list offence(s), date(s), whether trial or guilty plea, sentence(s) and attach a synopsis or brief summary of the offence(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 conviction(s)? Transcripts □ oral testimony □ court records □ Otherwise, please 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:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
(i) If yes, list offence(s), date(s), whether trial or guilty plea, sentence(s) and attach a synopsis or brief summary of the offence(s):
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (ii)
(ii) Does the defence contest the admissibility of the evidence? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (iii)
(iii) If yes, on what basis does the defence dispute admissibility?
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (iv)
(iv) How will the Crown seek to introduce the evidence of the prior conviction(s)? Transcripts □ oral testimony □ court records □ Otherwise, please specify:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Transcripts □ oral testimony □ court records □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (v)
(v) If the evidence is admissible, does the defence dispute the method by which the Crown seeks to introduce the evidence? Yes □ No □ Comments:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Prior uncharged offences or other conduct: Yes □ No □ (i) If yes, list incident(s), date(s), and attach a synopsis or 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 □ Otherwise, please 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:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
(i) If yes, list incident(s), date(s), and attach a synopsis or brief summary of the incident(s):
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (iv)
(iv) How will the Crown seek to introduce the evidence of the prior uncharged offences or other conduct? Transcripts □ oral testimony □ court records □ Otherwise, please specify:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Other: Yes □ No □ (i) If yes, attach a synopsis or 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 □ Otherwise, please 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:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
(i) If yes, attach a synopsis or brief summary of the evidence:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (iv)
(iv) How will the Crown seek to introduce the evidence? Transcripts □ oral testimony □ court records □ Otherwise, please specify:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — e)
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 upon which the evidence will be introduced: (vi) Basis upon which admissibility of evidence 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
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
(i) Does the Crown intend to call expert witnesses? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (ii)
(ii) Does the defence contest the admissibility of the expert evidence as disclosed ? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (v)
(v) Issues upon which the evidence will be introduced:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (vi)
(vi) Basis upon which admissibility of evidence contested: □ legal relevance □ logical relevance □ necessity in assisting trier of fact □ presence of an exclusionary rule □ expert’s qualifications
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (viii)
(viii) Time estimate for voir dire : Evidence Crown Defence Argument Crown Defence
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 10
10 Disclosure: Complete: Yes □ No □ a) Outstanding Issues: b) Lost/destroyed: c) Withheld/delayed: d) How are the outstanding issues to be addressed and by what date?
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) How are the outstanding issues to be addressed and by what date?
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
11. a) Third Party Records Applications: Yes □ No □ (i) Relying upon: Mills , s. 278.2: 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 upon 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?
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
(i) Relying upon: Mills , s. 278.2: Yes □ No □ O’Connor : Yes □ No □