Impaired and Over 80 Trial Examination of Witnesses Checklist (Canada)

is designed to be used with the "Client Identification and verification Procedure" and "Criminal Procedure" checklists. This checklist is for use in cases in which the accused is charged under one or more of ss. 253(1)(a), 253(1)(b), and 254(5)of the Criminal Code, R.S.C. 1985, c. C-46. If a suitable breath sample, or samples, as the case may be, are provided, please ignore sections relating to the failure or refusal to supply such samples. The checklist may be used by both Crown and defense counsel in preparing for the examination or cross-examination of witnesses. The checklist includes factors that may be significant to preparation of the prosecution or defense of a particular case. However, counsel must assess the relevance and usefulness of each item to their own case. The witnesses listed are most typically called as part of the Crown’s case. Though many of the same considerations listed will apply in the event of blood demand/blood sample cases, additional considerations that are not set out will also apply. This checklist does not comprehensively address cases involving impairment by drugs other than alcohol, and although many considerations will be similar, the new provisions in the Criminal Code described briefly below will apply, and these provisions should be reviewed thoroughly and carefully.