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Difference between revisions of "Criminal Charges (1:IV)"
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The particulars should include the following documents: | The particulars should include the following documents: | ||
=== 1. The Information === | === 1. The Information === | ||
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==== f) Limitation Periods and the Information ==== | ==== f) Limitation Periods and the Information ==== | ||
Section 786 of the ''Criminal Code'' states that no proceedings may be initiated in summary conviction offences after twelve months have elapsed from the time of the alleged offence, except on agreement of the prosecution and the defendant. The date on which proceedings commence is when the Information is laid, therefore the Information must be laid within this limitation period. Indictable offences have no specific statutory limitation period. | |||
=== 2. The Initial Sentencing Position (ISP) === | === 2. The Initial Sentencing Position (ISP) === | ||
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A request for a more detailed initial sentencing position can be made. See [[Sample Initial Sentencing Position (1:App A) | '''Appendix A''']] for a sample ISP. | A request for a more detailed initial sentencing position can be made. See [[Sample Initial Sentencing Position (1:App A) | '''Appendix A''']] for a sample ISP. | ||
=== 3. Report to Crown Counsel (RTCC) === | === 3. Report to Crown Counsel (RTCC) === | ||
The Report to Crown Counsel (RTCC) sets out the police officer’s narrative and summary of the case. It usually has a summary of the witness statements as well as what the police officer(s) themselves observed, and police actions taken in relation to the investigation of the alleged crime. It should also state whether the accused has a prior criminal record. | The Report to Crown Counsel (RTCC) sets out the police officer’s narrative and summary of the case. It usually has a summary of the witness statements as well as what the police officer(s) themselves observed, and police actions taken in relation to the investigation of the alleged crime. It should also state whether the accused has a prior criminal record. | ||
What should usually be in the RTCC: | What should usually be in the RTCC: | ||
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* Criminal Record; and | * Criminal Record; and | ||
* Summary of other important evidence collected by police in the investigation. | * Summary of other important evidence collected by police in the investigation. | ||
When the accused receives the RTCC with the particulars, the RTCC should be cross referenced to the particulars to ensure that full disclosure has been made of the investigative file. If the RTCC mentions an audio statement that was taken, that audio and perhaps a transcript of the audio should be included in the disclosure. In addition, ensure that there is a narrative and corresponding personal notes from each police officer mentioned in the RTCC and that any other evidence mentioned in the RTCC has been provided in the particulars. If something is missing from the file, make a disclosure request to the Crown in writing, as soon as possible. | When the accused receives the RTCC with the particulars, the RTCC should be cross referenced to the particulars to ensure that full disclosure has been made of the investigative file. If the RTCC mentions an audio statement that was taken, that audio and perhaps a transcript of the audio should be included in the disclosure. In addition, ensure that there is a narrative and corresponding personal notes from each police officer mentioned in the RTCC and that any other evidence mentioned in the RTCC has been provided in the particulars. If something is missing from the file, make a disclosure request to the Crown in writing, as soon as possible. | ||
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=== 1. Things to Consider when Assessing the Crown's Evidence === | === 1. Things to Consider when Assessing the Crown's Evidence === | ||
For each key piece of evidence that the Crown needs to establish its case, consider the following: | For each key piece of evidence that the Crown needs to establish its case, consider the following: | ||
==== a) Is the Evidence Direct or Circumstantial? ==== | ==== a) Is the Evidence Direct or Circumstantial? ==== | ||
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==== b) Is the Evidence Testimonial? ==== | ==== b) Is the Evidence Testimonial? ==== | ||
For testimonial evidence, consider the reliability and credibility of the witness(es). Consider whether there is a good reason to suspect that the witness is mistaken ( | For testimonial evidence, consider the reliability and credibility of the witness(es). Consider whether there is a good reason to suspect that the witness(es) is mistaken (reliability) or lying (credibility). | ||
==== c) Is the Evidence Physical Evidence? ==== | ==== c) Is the Evidence Physical Evidence? ==== | ||
If the evidence is physical evidence that has been collected by the police, consider the chain of custody of the item and whether there has been a break in the continuity of custody. | If the evidence is physical evidence that has been collected by the police, consider the chain of custody of the item and whether there has been a break in the continuity of custody. | ||
==== d) Is there a Possible Charter Challenge ==== | ==== d) Is there a Possible Charter Challenge ==== | ||
Consider whether there is a possible Charter challenge that could result in the exclusion of evidence. Charter challenges include challenges to police searches, arrests, and confessions (see Section IX for information on Charter challenges). | Consider whether there is a possible Charter challenge that could result in the exclusion of evidence. Charter challenges include challenges to police searches, arrests, and confessions (see '''Section IX''' for information on Charter challenges). | ||
==== e) Are there any other Exclusion Rules ==== | ==== e) Are there any other Exclusion Rules ==== | ||
Consider whether there are other exclusionary rules that could be used to exclude any key pieces of evidence that the Crown needs to prove its case. Generally, if a piece of evidence has more prejudicial effects than probative value, the evidence will be excluded (''[https://www.canlii.org/en/ca/scc/doc/1991/1991canlii76/1991canlii76.html?searchUrlHash=AAAAAQARciB2IHNlYWJveWVyIDE5OTEAAAAAAQ&resultIndex=1 R v. Seaboyer]'' [1991] 2 SCR 577). | Consider whether there are other exclusionary rules that could be used to exclude any key pieces of evidence that the Crown needs to prove its case. Generally, if a piece of evidence has more prejudicial effects than probative value, the evidence will be excluded (''[https://www.canlii.org/en/ca/scc/doc/1991/1991canlii76/1991canlii76.html?searchUrlHash=AAAAAQARciB2IHNlYWJveWVyIDE5OTEAAAAAAQ&resultIndex=1 R v. Seaboyer]'' [1991] 2 SCR 577). | ||
Consider whether there are other exclusionary rules that could be used to exclude any key pieces of evidence that the Crown needs to prove its case. Generally, if a piece of evidence has more prejudicial effects than probative value, the evidence will be excluded ([https://www.canlii.org/en/ca/scc/doc/1991/1991canlii76/1991canlii76.html?searchUrlHash=AAAAAQARciB2IHNlYWJveWVyIDE5OTEAAAAAAQ&resultIndex=1 R v Seaboyer [1991<nowiki>]</nowiki> 2 SCR 577]). | |||
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