GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Does the defence intend to call expert witnesses? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Issues upon which the evidence will be introduced?
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Does the Crown contest the admissibility of the expert evidence? Yes □ No □
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:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Will there be an application to have the accused sit at counsel table? Yes □ No □
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:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 28
28 Absence of Accused from Court N/A □ a) Will there be an application for the accused to be absent from the trial, pursuant to s. 650(2)? Yes □ No □ b) If yes, what is the basis for the application? c) Does the Crown consent? Yes □ No □ d) Comments:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Will there be an application for the accused to be absent from the trial, pursuant to s. 650(2)? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) If yes, what is the basis for the application?
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:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Have the positions of counsel changed from those expressed on their pre-trial forms? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 30
30 Fitness to Stand Trial N/A □ a) Will the Crown raise the issue of the accused’s fitness to stand trial? Yes □ No □ b) Will the defence raise the issue of the accused’s fitness to stand trial? Yes □ No □ c) If raised, will the application be opposed? Yes □ No □ d) Pre-trial judge’s time estimate for voir dire : Evidence Argument e) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Will the Crown raise the issue of the accused’s fitness to stand trial? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) Will the defence raise the issue of the accused’s fitness to stand trial? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) If raised, will the application be opposed? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Pre-trial judge’s time estimate for voir dire : Evidence Argument
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — e)
e) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis:
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:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Does the accused require an interpreter? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Do any Crown witnesses require an interpreter? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — d)
d) Do any defence witnesses require an interpreter? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — f)
f) Should two interpreters be required? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 32
32 Additional Courtroom Equipment required N/A □ 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
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 33
33 Courtroom Security Issues N/A □ a) Does any party believe that increased courtroom security issues are raised in this case? Yes □ No □ b) Details: c) Comments:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Does any party believe that increased courtroom security issues are raised in this case? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 35
35 Is it reasonably anticipated that any of the following defences/triable issues will be raised? □ Accident □ Alibis □ Automatism □ Causation □ Compulsion □ Consent □ Defence of property □ Did the alleged event occur? □ Diminished capacity □ Duress □ Entrapment □ “Evidence to the contrary” □ Honest, but mistaken belief in consent □ Identity □ Intoxication □ Drugs □ Alcohol □ Knowledge □ Necessity □ Not criminally responsible □ Possession □ Was the possession for the purpose of trafficking? □ Provocation □ Self-defence
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:
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 □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Identity of the accused Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Continuity of exhibits Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Medical Evidence Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Documentary Evidence Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Value of Property Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Accused as Driver Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Death/injuries caused by accused Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Expert’s report Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Age of Complainant Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Nature of drug Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Amount of drug is “for the purpose of trafficking” Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Value of drug Admitted □ Not contested □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Service of notice Admitted □ Not contested □
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
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 38
38 Affidavit Evidence N/A □ a) Does the Crown intend to file affidavit evidence? Yes □ No □ b) If so, please specify: c) Will the defence seek leave to have the witness testify? Yes □ No □ d) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements, evidentiary basis and time estimates:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — a)
a) Does the Crown intend to file affidavit evidence? Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Will the defence seek leave to have the witness testify? Yes □ No □
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, evidentiary basis and time estimates:
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? b) Upon which section(s) of the Criminal Code does the Crown rely to establish the liability of each accused? c) Included offences? d) What is the position of the defence?
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?
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?
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 □ 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 □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Does the other party consent? Yes □ No □
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 □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 41
41 Pre-trial judge’s time estimates: a) Estimated time for applications: b) Estimated time for trial: c) Comments:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 42
42 Additional Comments by pre-trial judge (including order and timing of pre-trial applications):
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 43
43 Items to be addressed at next pre-trial, or by Case Management judge:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
This page is to be removed before the form is provided to the trial judge.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Pre-trial judge’s notes re. Resolution discussions:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
Counsel: Crown - Defence - (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 4
4 Disclosure: Complete: Yes □ No □ a) Outstanding Issues: b) How outstanding issues to be addressed: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — b)
b) How outstanding issues to be addressed: (1) (2) (3) (4) (5) (6)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5
5 Mode of Trial: Current Election: Judge and jury □ Judge alone □ a) Will there be a re-election to be tried by: Judge and jury □ Judge alone □ b) Is there any prospect of a re-election? Yes □ No □ c) Will the Crown consent? Yes □ No □ d) Additional comments regarding re-elections: e) Challenge for Cause: Yes □ No □ (i) Parks Yes □ No □ (ii) Publicity Yes □ No □ (iii) Other, please specify: (iv) Will there be an application by the accused under s. 640 (2.1) ordering the exclusion of all sworn and unsworn jurors until the jury is selected, and that the same two triers be used for all challenges? Yes □ No □ (v) Will there be an application by the accused for any other form of exclusion order, or in relation to the triers, not relying on s. 640 (2.1)? Yes □ No □ (vi) Does the Crown consent to the application noted above? Crown: Yes □ No □ (vii) Will there be an application for the judge to direct that 13 or 14 jurors be sworn pursuant to s. 631(2.2)? Crown: Yes □ No □ Defence: Yes □ No □ Does the other party consent to the order? Yes □ No □ (viii) Will there be a request under s. 631(3.1) for the judge to order the names and numbers of jury panel members to be called out in court? Crown: Yes □ No □ Defence: Yes □ No □ f) Does the accused have or seek an order under s. 530 that his/her trial be held in French or as a bilingual trial? Yes □ No □ g) Does the Crown oppose the order(s)? Yes □ No □ h) If opposed, how does the defence intend to establish the evidentiary basis for the application(s)? i) Does the Crown oppose the proposed method of introducing the evidence? Yes □ No □ j) Pre-trial judge’s time estimate for application: Evidence Argument k) 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) — k)
k) 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) — 6
6 Pre-trial Motions on the Indictment N/A □ a) Quash committal for trial Yes □ No □ b) Quash indictment Yes □ No □ c) Quash a count(s) in indictment: (i) relying on s. 581(1) Yes □ No □ (ii) relying on s. 581(3) Yes □ No □ d) Sever count(s) in indictment Yes □ No □ e) Sever accused Yes □ No □ f) Particulars Yes □ No □ g) Change of venue Yes □ No □ h) Amendment(s) Yes □ No □ 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) — i)
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) — 7
7 Statements of the Accused N/A □ a) Is the Crown seeking to obtain rulings as to the admissibility of Statements to Persons in authority? Yes □ No □ b) Brief summary of important contents of the statement(s): c) Is the Crown seeking to introduce the statement? Yes □ No □ d) Is the Crown seeking only a ruling as to admissibility? Yes □ No □ e) Does the defence dispute admissibility? Yes □ No □ f) Brief summary of defence position: g) Form of statement: Oral □ Written □ Audiotaped □ Videotaped □ h) If the statement is audio or video taped, is there a transcript? Yes □ No □ i) If no transcript is available, will the Crown provide one in advance of trial? Yes □ No □ j) Date to be made available: k) Length of statement(s) (minutes/hours for audio/videos to be played, and/or transcript length, if applicable): l) Voir dire required Yes □ No □ m) Voir dire issues: recipient as a person in authority Yes □ No □ Voluntariness Yes □ No □ s. 10 (a) Yes □ No □ s. 10 (b) Yes □ No □ s. 7 Yes □ No □ n) Number of witnesses to be called on voir dire : Crown Defence o) Pre-trial judge’s time estimate for voir dire : Evidence Argument p) If there is more than one issue, do counsel agree that a blended voir dire is appropriate? Yes □ No □ Comments: q) 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) — q)
q) 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) — 8
8 Other Disreputable Conduct Evidence, including Similar Fact N/A □ a) Is the Crown seeking to introduce prior disreputable conduct evidence, relying on incidents not covered by the indictment? Yes □ No □ b) Nature of Evidence: c) Does the Crown seek to have admissibility determined in pre-trial motion? Yes □ No □ d) If the Crown does not seek to obtain a ruling before trial starts, when does the Crown wish to have the voir dire ? e) Does the defence dispute admissibility? Yes □ No □ f) How does the Crown propose to introduce the evidence on the voir dire ? (i) Viva voce evidence Yes □ No □ (ii) Agreed Statement of facts Yes □ No □ (iii) Witness statements Yes □ No □ (iv) Transcripts Yes □ No □ g) Does the defence consent to the manner in which the Crown seeks to introduce the evidence on the voir dire ? Yes □ No □ h) Comments: i) Is the Crown seeking to rely on disreputable conduct evidence, relying on the counts in the indictment? Yes □ No □ j) Pre-trial judge’s time estimate for voir dire : Evidence Argument k) 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) — a)
Principled Exception to the Hearsay Rule N/A □ a) Does the Crown seek to introduce any evidence relying upon 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) Contested issues: necessity Yes □ No □ reliability Yes □ No □ prejudicial effect/probative value Yes □ No □ e) How does the Crown propose to introduce the evidence on the voir dire ? (i) Viva voce evidence Yes □ No □ (ii) Agreed Statement of facts Yes □ No □ (iii) Witness statements Yes □ No □ (iv) Transcripts Yes □ No □ f) Does the defence consent to the manner in which the Crown seeks to introduce the evidence on the voir dire ? Yes □ No □ g) Comments: h) Pre-trial judge’s time estimate for voir dire : 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) — h)
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) — 11
11 Intercepted Private Communications N/A □ 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) Brief overview of defence position: e) Authorization: consent, s. 184.2 □ Authorization, s. 186 □ Other □ f) Issue to be litigated: facial validity □ Sub-facial validity □ Other □ 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) — 16
16 Publication Bans/Deferred Publication Orders N/A □ a) Does the Crown seek an order pursuant to s. 486.4 or 486.5, banning the publication of the complainant’s identity? Yes □ No □ b) Does the defence oppose the order? Yes □ No □ c) Does either party seek other publication bans or deferred publication orders? Crown Yes □ No □ Defence Yes □ No □ d) If yes, provide details of order sought, media to be notified, timing of hearing, time estimate for hearing: e) Does the other party oppose the application? Yes □ No □ f) Pre-trial judge’s time estimates, if application to be contested: Evidence Argument g) Pre-trial judge’s Directions and Recommendations re. timing of application(s), filing requirements and evidentiary basis:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — c)
c) Does either party seek other publication bans or deferred publication orders? Crown Yes □ No □ Defence Yes □ No □
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 17
17 Privilege Issues N/A □ a) Will the Crown be raising issues of privilege? Yes □ No □ b) Will the defence be raising issues of privilege? Yes □ No □ c) Nature of evidence and issue of privilege: d) Basis upon which the party seeking admission rely. 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 □ f) Does the other party consent to the manner in which the evidence will be introduced on the voir dire ? Yes □ No □ 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)