FORM I(Paragraph 10(a))

IN THE SUPREME COURT OF THE YUKON TERRITORY

BETWEEN:

HER MAJESTY THE QUEEN

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PRE-HEARING CONFERENCE REPORT

Counsel for the Crown:

Counsel for the Accused:

NOTE: THE POSITIONS HEREIN ARE TENTATIVE. ALL AGREEMENTS ARE WITHOUT PREJUDICE AND PURELY FOR THE ASSISTANCE OF THE COURT IN THE RESOLUTION OF TRIAL PROBLEMS. IF ANY CHANGE BECOMES NECESSARY COUNSEL WILL ENDEAVOUR TO ADVISE EACH OTHER AND THE COURT PROMPTLY.

I. Introductory Matters

  • A Procedural History

  • 1 Date(s) of alleged offence(s):

  • 2 Dates of original information(s):

  • 3 Date and length of preliminary inquiry:

  • 4 Is the transcript ready?

  • 5 Has an indictment been filed?

If so, when?
  • 6 Has a date been set for trial?

If so, what is the date of the trial?
  • 7 Tentatively, how many days will the trial take?

  • 8 Is the accused in custody?

  • B Mode of Trial

  • 1 Has the accused elected trial by

  • (a) judge alone?

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  • (b) judge and jury?

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  • 2 Will there be a re-election for trial by

  • (a) judge alone?

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  • (b) judge and jury?

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  • 3 If consent is required to permit re-election to be made, will consent by given?

  • C Disclosure

  • 1 Is further disclosure requested?

    Give details:

II. Pre-Hearing Matters

YESNO
  • A Sufficiency of the Indictment

  • 1 Is the indictment or one or more counts thereof alleged to be legally insufficient having regard to

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  • 2 Has there been a request or demand for particulars?

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  • 3 Have particulars been supplied?

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  • 4 Will there be a motion for particulars?

    Give details:

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  • 5 Will there be a request to amend the indictment or a count thereof?

    Give details:

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  • B Joinder and Severance

  • 1 Will there be a motion to sever the trial of certain counts from the trial of others?

    On what basis?

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  • 2 Will there be a motion to sever the trial of certain accused from the trial of another [others]?

    On what basis?

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  • C The Composition of the Jury

  • 1 Will there be a challenge to the array?

    On what basis?

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  • 2 Will prospective jurors be challenged for cause?

    On what basis?

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  • 3 In the event of a challenge for cause, will counsel be submitting a list of proposed questions to be asked of the prospective jurors?

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III. The Trial

YESNO
  • A The Special Pleas

  • 1 Will any of the special pleas be raised?

    Give details:

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  • B The Issue of Fitness

  • 1 Is fitness in issue

  • (a) by the Crown?

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  • (b) by the defence?

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  • 2 Has disclosure been made of any medical or other reports bearing on the issue of fitness

  • (a) by the Crown?

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  • (b) by the defence?

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  • 3 Will copies of such reports be made available to the trial judge?

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  • 4 Was fitness raised at the preliminary inquiry?

    Give details:

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  • 5 Will the issue of fitness be contested at trial

  • (a) by the Crown?

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  • (b) by the defence?

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  • 6 How long is the evidence on fitness reasonably expected to take?

  • C Evidentiary Matters

  • 1 Similar Fact Evidence

  • (a) Will evidence of similar facts be tendered for admission by the Crown?

    Give details:

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  • (b) Will admissibility be contested by the defence?

    On what basis?

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  • 2 Statements

  • (a) Will evidence be adduced of statements alleged to have been made by an accused to a person in authority?

    Give details:

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  • (b) On what basis will a voir dire be requested?

  • (i) voluntariness

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  • (ii) non-compliance with section 10 of the Charter

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  • (c) How long is the voir dire reasonably expected to take?

  • 3 Hearsay

  • (a) Will the admissibility of any evidence be contested on the basis of the hearsay rule?

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  • (b) Will it be argued that any evidence proposed for admission qualifies as an exception to the hearsay rule?

    Give details:

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  • 4 Expert Evidence

  • (a) Will opinion evidence by a duly qualified expert be tendered for admission?

  • (i) by the Crown?

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  • (ii) by the defence?

    On what issue?

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  • (b) Will the admissibility be contested?

    On what basis?

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  • 5 Privilege

  • (a) Will any claim of privilege be asserted in respect of any evidence proposed for introduction

  • (i) by the Crown?

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  • (ii) by the defence?

    On what basis?

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  • 6 Search And Seizure

  • (a) Will the admissibility of any evidence be contested on the basis that it constitutes a search or seizure within section 8 of the Charter?

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  • 7 Intercepted Private Communications And Their Derivatives

  • (a) Will evidence of intercepted private communications be tendered for admission?

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  • (b) Will a voir dire be required to determine admissibility?

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  • (c) Will the evidence be alleged to be admissible pursuant to

  • (i) an authorization?

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  • (d) Will the evidence be tendered for admission under

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  • (e) Will the adequacy of subsection 178.16(4) of the Criminal Code notice be contested?

    On what basis?

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  • (f) In the voir dire to determine admissibility will any of the following applications be made?

  • (i) an application to open the sealed packet under subparagraph 178.14(1)(a)(ii);

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  • (ii) an application to set aside an authorization;

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  • (iii) an application alleging fraud in the obtaining of an authorization;

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  • (iv) an application alleging that the interceptions were not made in accordance with an authorization; or

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  • (v) an application alleging that the consent was vitiated by coercion.

    Give details:

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  • (g) How long is the voir dire reasonably expected to take?

  • (h) At the trial will there be any issue taken in respect of the following matters?

  • (i) voice identification;

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  • (ii) tape accuracy, integrity and continuity;

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  • (iii) the use of transcripts as an aid to understanding; or

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  • (iv) the admissibility of transcripts as exhibits.

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  • 8 Competency Of Witnesses

  • (a) Will it be alleged that any Crown witness

  • (i) is incompetent to testify on account of age or lack of mental capacity?

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  • (ii) is capable only of giving unsworn testimony?

    Give details:

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  • (b) Will it be alleged that any defence witness

  • (i) is incompetent to testify on account of age or lack of mental capacity?

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  • (ii) is capable only of giving unsworn testimony?

    Give details:

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  • D Procedure

  • 1 Procedural Issues

  • (a) Is a directed verdict application likely at the end of the Crown’s case?

    On what basis?

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  • 2 Other Procedural Issues

  • (a) Are there any other procedural matters on which the trial judge will be asked to rule?

    Give details:

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  • 3 Length Of Trial

  • (a) How long is the trial reasonably expected to take?

  • E Positions of the Parties

  • 1 Crown Position (Theory)

  • (a) What is the Crown position on each accused?

  • (b) On what legal basis does the Crown expect to establish the guilt of each accused?

  • (i) the definition of the offence; Criminal Code provisions applicable:

    [Specify, for example, 213(a), 213(d) (robbery), etc.]

  • (ii) the basis of liability; Criminal Code provisions applicable:

    [Specify, for example, 21(1)(b), 21(2), etc.]

  • 2 Defence Position (Theory)

  • (a) What is the defence position on each accused?

  • (b) Is it reasonably anticipated that any of the following defences may be raised?

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  • (vi) private defence

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  • (D) justification

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  • (x) compulsion

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  • (c) Will the character of the victim be the subject-matter of evidence?

    On what basis?

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  • (d) Will the character of the accused be the subject-matter of evidence?

    On what basis?

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Dated at this day of , 19

Judge of the Supreme Court of the Yukon Territory
 
Date modified: