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  1. Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench - SI/2016-34 (SCHEDULE)
    Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench

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    TITLE OF DOCUMENT

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    ORDER

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    ON READING the Notice of Motion (or Application) and the evidence filed by the parties (add, if applicable, and on hearing the oral evidence presented by the parties) and on hearing the submissions of counsel for (identify parties) (add, if applicable, and the submissions of (identify party appearing on his or her own behalf)) (add, if applicable, and, after having observed the non-appearance of or no one appearing for (identify party), although properly served as appears from (indicate proof of service)):

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    NOTICE OF APPLICATION

    (identify party applying) will make an application before (name of judge or the presiding judge) on (day), (date), at (time) or as soon after that time as the application can be heard, at (address of court house).

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    NOTE:

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    • 2 Each party must provide their position on each issue and not indicate they “will advise” or “not as yet”, etc.

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    • 5 The prosecutor’s copy of the brief must be accompanied by a brief synopsis of the allegations and the theory of the Crown’s case. If the prosecutor is arguing that the accused is liable to an offence as a party, the section of the Code that is being relied on by the prosecutor must be indicated.

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    PRE-TRIAL CONFERENCE BRIEF

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    DISCLOSURE

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    MENTAL DISORDER

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    RE-TRIALS

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    PRE-TRIAL ISSUES

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    • 13 Statements of Accused

      • (a) Will the Crown be tendering a statement of the accused as part of its case? Yes □ No □

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      • (e) Voir dire issues:

        Recipient as a person in authority: Yes □ No □

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    TRIAL ISSUES

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    NOTICE OF MOTION

    (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).

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    NOTE:

    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.

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    TRIAL READINESS REPORT

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    I, , counsel for the Crown/counsel for the accused (or the accused, if self-represented) certify:

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    □ 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:

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    □ 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:

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    NOTE:

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    • 3 The prosecutor must provide their position on each issue and not indicate they “will advise” or “not as yet”, etc.

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    PRE-HEARING CONFERENCE REPORT FOR DANGEROUS OR LONG-TERM OFFENDER APPLICATION

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    ASSESSMENT PHASE

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    APPLICATION PHASE

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    • 9 Evidentiary Basis

      What is the evidentiary basis for the application?

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      • (e) Crown expert witnesses

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        • (ii) Does the defence contest the admissibility of the expert evidence as disclosed? Yes □ No □

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    • 14 Defence Experts

      • (a) Does the defence intend to call expert witnesses? Yes □ No □

        If yes:

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        Qualifications of the proposed witness as an expert:

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    • 16 Manner in Which Evidence to Be Introduced

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      If yes, specify:

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      □ as vulnerable witness, under section 486.2 of the Code

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    NOTICE OF APPEAL

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    NOTICE OF ABANDONMENT

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  2. Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench - SI/2016-34 (Section 9.03)
    Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
    Marginal note:Materials for use on application

    • 9.03 (1) If the applicant is the accused, the notice of application must be accompanied by

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      • (c) if it is practicable to do so, the affidavit of any person who is proposed to serve as a surety for the accused if released, indicating his or her willingness to serve as a surety and the amount for which he or she is to be liable.

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    • (3) The affidavit of the applicant required by paragraph (1)(a) must indicate

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      • (b) the applicant’s place of residence in the three years before the date of the offence charged in respect of which release is sought, as well as the place where the applicant proposes to reside if released;

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      • (d) where the applicant proposes that he or she be released by the giving of an undertaking with conditions or by entering into a recognizance with sureties, deposit or conditions, if it is practicable, the terms and conditions of the order sought, including the amount of any recognizance or deposit, as well as the names of any proposed sureties and the amount for which each proposed surety is to be liable; and

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    • Marginal note:Affidavit of prosecutor

      (5) If the applicant is the prosecutor or if, as respondent, the prosecutor intends to rely on material other than material that is required to be filed under subrule (1) or (2), the prosecutor must file an affidavit that sets out the facts on which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code.


  3. Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench - SI/2016-34 (Section 14.04)
    Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
    Marginal note:Filing and serving motion record and supporting materials

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    • Marginal note:Filing of documents as part of record

      (2) Any documents served by a party for use on a motion may be filed as part of the party’s motion record and need not be filed separately if the motion record is filed within the time limits set by a judge under subrule (1).


  4. Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench - SI/2016-34 (Section 21.03)
    Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench
    Marginal note:Affidavit — paragraph 21.01(a)

    • 21.03 (1) If the application is made under paragraph 21.01(a), the affidavit of the applicant must contain

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      • (d) a statement as to whether the applicant is addicted to the use of alcohol or drugs and, if so, what steps, if any, the applicant has undertaken or proposes to undertake for the treatment of that addiction pending the determination of the appeal; and


  5. Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench - SI/2016-34 (Section 21.02)
    Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench

    21.02 An application referred to in rule 21.01 must be made by filing a notice of motion in Form 5 of the schedule that sets out the relief requested, accompanied by

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    • (c) an affidavit of the applicant that includes the matters set out in subrule 21.03(1) or (2), as the case may be; and


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