Form 16 (CSR-16-24) – Order for Commission and Letter of Request

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 16 (CSR-16-24) – Order for Commission and Letter of Request?

Form 16 (CSR-16-24) is a court order used in criminal cases in the Superior Court of Justice (Ontario). It authorizes a commission to take a witness’s evidence outside the usual courtroom setting. It also authorizes a letter of request to a court in another place to compel that witness to attend, testify, and produce documents.

Think of it as a two-part tool:

• The “Order for Commission” appoints a commissioner and sets the rules for taking evidence outside the courtroom.
• The “Letter of Request” (often called a letter rogatory) asks a foreign court to use its powers to compel a witness in its jurisdiction to attend, testify, or provide records.

You use this form when a witness or records you need are outside Ontario, or the witness cannot physically come to court. The order lets the court preserve and collect the evidence in a reliable way. The letter of request helps secure cooperation from the foreign court or authority.

Who typically uses this form?

• Crown prosecutors who need evidence from an out-of-province or foreign witness.
• Defence counsel or a self-represented accused who needs testimony or records from outside Ontario.
• In rare situations, counsel assisting a witness’s interests may engage with logistics, but the moving party is the Crown or defence.

Why would you need this form?

• A key witness moved abroad and cannot travel.
• Important records are held by an organization outside Ontario.
• A witness is medically fragile, detained elsewhere, or subject to restrictions that prevent travel.
• The court wants to preserve time-sensitive evidence before trial.

Typical usage scenarios

• A fraud prosecution needs bank records and testimony from a custodian in another country.
• A violent offence case requires evidence from a witness who relocated to another province and refuses to return.
• An expert who resides abroad will only testify remotely through a formal commission process.
• A vulnerable witness can testify from a safer location with conditions to protect them.

In each scenario, you ask the Ontario court for an order that appoints a commissioner, sets the procedure, and authorizes a letter to the foreign court requesting assistance.

When Would You Use a Form 16 (CSR-16-24) – Order for Commission and Letter of Request?

You use this form when ordinary subpoenas or court processes in Ontario cannot compel a witness or records outside the province. You also use it when in-person testimony in Ontario would be impractical or unfair. For example, a civilian eyewitness who now lives abroad may be critical to your case. If they cannot attend, you can seek a commission to take their evidence where they live. You then request help from the local court to ensure they attend and produce any relevant documents.

As a Crown, you may need this form to secure records or testimony held outside Ontario. That could be employment records from a foreign parent company, or expert analysis from a researcher based overseas. As defence counsel, you might use it to prove an alibi via an out-of-country witness, or to obtain third-party documents that support a line of defence. As a self-represented accused, you use it in the same way a lawyer would. The form gives you a structured path to gather and present evidence from outside Ontario under judicial supervision.

You may also use this form within Canada when the witness is in another province or territory. It helps ensure proper compulsion and a usable record. If testimony by video link is possible and permitted, the commission can set conditions for a remote examination. That reduces travel and maintains fairness to both sides. In some cases, the court will also allow a commission within Ontario. That is useful if a witness is in a hospital or otherwise unable to attend a courthouse.

Timing matters. You should bring the request before trial so the other side has notice and the court can plan logistics. You also need time to have the foreign court receive and process the letter of request. If you wait too long, you risk delays that could affect your trial schedule.

Legal Characteristics of the Form 16 (CSR-16-24) – Order for Commission and Letter of Request

This form becomes legally binding once a judge of the Superior Court signs it. The order appoints a commissioner and sets directions for taking evidence. It binds the parties and the commissioner. It also authorizes the registrar to issue a sealed letter of request to the appropriate foreign court or authority. In Ontario, the court has the power to control its process and to admit evidence taken on commission if it meets fairness and reliability standards.

Enforceability of the commission within Ontario is straightforward. The commissioner must follow the order’s directions. The parties must cooperate as directed. Counsel can examine and cross-examine the witness. The commissioner certifies the evidence and returns the record to the court. The Ontario court then decides how the evidence will be used at trial.

Enforceability outside Ontario depends on the other jurisdiction. A letter of request does not bind a foreign court by itself. It is a respectful request that the foreign court use its own powers to compel the witness or records. Whether and how the foreign court assists depends on its own laws and practices. Your order and letter of request should therefore include clear details, respectful language, and assurances to help the foreign court grant the request. The more complete and precise your materials, the better your chance of success.

The order typically includes safeguards that protect trial fairness. Those include:

• A requirement that the witness testify under oath or affirmation.
• Rights of examination and cross-examination.
• Provisions for an interpreter if needed.
• A certified transcript and marked exhibits.
• Directions on privilege, objections, and how to resolve disputes.
• Instructions on sealing, returning the record, and handling exhibits.

Admissibility at trial is not automatic. The trial judge will decide relevance and admissibility based on the law of evidence and the order’s terms. If the witness is outside Canada, there may be additional reliability considerations. Clear directions in the commission order support admissibility. So do detailed certificates from the commissioner explaining the process followed.

You also need to consider the witness’s rights and any local law limits. Some jurisdictions restrict compelled testimony, limit document production, or require special assurances. Plan for translation, interpreter costs, and scheduling. If you need the accused to participate remotely, the order should set that out. If the evidence will be heard by video, the order should confirm that and describe the technical and recording requirements.

How to Fill Out a Form 16 (CSR-16-24) – Order for Commission and Letter of Request

Approach this form like you would any court order. Draft it with precision. Build in practical details that the commissioner and foreign court will need. Below is a step-by-step guide.

1) Complete the header and caption

• Court: Superior Court of Justice (Ontario).
• Court file number: Use the exact file number of your case.
• Style of cause: Use the criminal style (for example, R. v. [Accused]).
• Location: Insert the court location where your case is filed.

2) Draft the “Recitals” section (“Upon reading…”)

• List the materials the judge considered. For example, your notice of application, supporting affidavits, draft letter of request, and any consents.
• State that the court heard from the parties. Note if the motion proceeded on consent or on contested argument.
• If time is urgent, note why. Explain the witness’s unavailability and trial timelines.

3) Appoint the commissioner

• Insert the full name, title, and contact details of the commissioner. Choose someone qualified to administer oaths in the place where the evidence will be taken. Often this is a lawyer, notary, or judicial officer.
• State the commissioner’s authority to take the witness’s evidence, administer oaths or affirmations, and handle exhibits.
• If more than one witness will be examined, say so. Identify each witness by name and include dates of birth if needed to avoid confusion.

4) Set the scope of the evidence

• Describe the subjects the witness will address. Keep it focused on relevant issues.
• If you need documents, list them in a schedule. Use neutral descriptions (“account statements from [date range]”) rather than advocacy.
• If you will use a list of questions, attach them as a schedule. You can also state that counsel may ask supplementary questions.

5) Choose the mode: in-person or remote

• State if the evidence will be taken in person, by videoconference, or by another reliable method.
• If by videoconference, set basic technical requirements, who arranges the platform, and how to ensure a secure line.
• Require a real-time certified court reporter if possible. If that is not available, require an audio-visual recording with a transcript prepared promptly.

6) Protect fairness and process

• State that both parties may examine and cross-examine. Set the order of questioning.
• Require the commissioner to rule on routine objections, or to note objections for the trial judge if a ruling is beyond their role.
• Address privilege. Direct the commissioner to respect applicable privilege claims and to note them on the record.
• Provide for interpreters, support persons for vulnerable witnesses, and breaks as needed.

7) Set timing, location, and logistics

• Insert the earliest date when the commission may proceed and a deadline for completion.
• Identify the place of examination. If the foreign court sets the place, say that.
• Require reasonable notice to all parties of the examination date and time.
• Allocate costs. State who pays the commissioner’s fees, interpreter costs, and transcript costs in the first instance. The court can reserve final costs to the trial judge.

8) Direct the handling of documents and exhibits

• Create Schedule A for document requests and Schedule B for exhibits.
• Require the witness to bring identified records to the examination. If records are held by a third party, ask the foreign court to compel production.
• Direct the commissioner to mark exhibits sequentially, label them clearly, and keep them secure.
• If records will be copied electronically, specify the format and any certification needed.

9) Set certification and return of the record

• Include a certificate template as a schedule. The template should cover the date, place, method, oath, attendance, interpreters, exhibits, and any objections.
• Direct the commissioner to seal the transcript, exhibits, and certificate in a package. The commissioner must send it to the registrar of the Ontario court. Provide the registrar’s mailing details if appropriate.
• Allow copies of the transcript and exhibits to counsel for preparation, while keeping the official record sealed.

10) Provide for the accused’s participation

• If the accused will attend remotely, set that out. State how the accused will see and hear the witness, consult with counsel, and follow the proceedings.
• If the accused is in custody, direct the necessary arrangements for secure remote participation.

11) Include any special measures

• If the witness is vulnerable, authorize support measures. That may include a support person, screens, or breaks to reduce stress.
• If you need a voice or face covering for safety, set limits that balance identification and safety.
• If the witness needs confidentiality to protect safety, include appropriate directions for the record and distribution.

12) Draft the “Letter of Request” portion

• Address the letter to the appropriate foreign court or authority. If you are unsure, describe the court by jurisdiction and level (for example, “to the competent court of [place]”).
• Identify the case in Ontario and the nature of the charges.
• State the witness’s full name, role, and why their evidence is material.
• Explain why the witness cannot attend in Ontario and why a commission is necessary.
• Ask the foreign court to compel the witness to attend and to produce specified records.
• Ask the foreign court to permit counsel to examine and cross-examine, to administer an oath or affirmation, and to allow an interpreter if needed.
• Ask that the evidence be recorded, certified, sealed, and returned to the Ontario court.
• Provide reasonable assurances about costs, scheduling, and respect for local law.
• Close with a respectful request for assistance, signed and sealed by the Ontario court as directed by the judge.

13) Add schedules to keep the order clear

• Schedule A: Subjects for examination and document list.
• Schedule B: Procedure and conduct of the examination (oath, sequence, objections, interpreter, recording).
• Schedule C: Exhibit handling and certification requirements.
• Schedule D: Commissioner’s certificate template.
• Schedule E: Contact details for the registrar and counsel for service of notices.

14) Insert compliance and fallback terms

• Direct the commissioner to follow local law if a conflict arises with the order, while preserving objections for the trial judge.
• Permit variations by consent of the parties and the commissioner on minor logistics, without changing substance.
• Provide a path for the commissioner to seek directions from the Ontario court if needed.

15) Finalize the order and signatures

• Insert the date and place where the order is made.
• Provide a signature line for the judge and the court seal as applicable.
• Insert the registrar’s certification language for issuing the letter of request under seal.
• Include service details: who must receive copies and how.

Practical completion tips

• Keep your language clear. Avoid vague directions. Foreign courts prefer precise requests.
• Propose a commissioner who is local to the witness. Confirm their availability before you submit the draft order.
• Build in realistic timelines. Consider the time for the foreign court to process the letter.
• Prepare your supporting affidavit carefully. Explain materiality, necessity, and unavailability of ordinary attendance.
• Draft schedules like you would a checklist. If someone picked them up with no context, they should still be able to execute the commission.
• Confirm translation needs early. If the foreign court requires translations of the order and letter, arrange them before seeking signatures.
• Coordinate with opposing counsel on dates and modalities where possible. That reduces disputes and speeds up approval.
• If you anticipate legal privilege claims, include a direction that disputed documents be produced to the commissioner for sealing and return to the Ontario court for decision.

Examples to guide your drafting

• Out-of-country bank witness: Identify the custodian of records, list the account records and certification needed, and ask the foreign court to compel production and testimony on record-keeping practices. Use an exhibit schedule for document categories and date ranges.
• Witness in another province: If the witness refuses to travel, request a commission with a video link from a local facility. Direct the commissioner to ensure the witness is alone, with no prompts, and that the room is scanned on the record.
• Medically fragile witness in Ontario: Appoint a commissioner to attend the hospital. Set short, scheduled sessions with breaks, allow a support person, and ensure a certified reporter attends or an audio-visual record is kept.

What to expect after filing

• If granted, the court signs the order and issues the letter of request under seal.
• You deliver the letter to the foreign court using its accepted process. Some courts require a specific channel or form of delivery.
• The foreign court sets a date or appoints its own officer to assist. Your commissioner works with that process.
• The examination proceeds. The commissioner certifies and returns the record.
• You receive the transcript and exhibits for preparation while the official package goes to the registrar.
• At trial, you ask the judge to admit the evidence taken on commission. The judge decides admissibility and weight.

If the foreign court declines assistance

• You may need to adjust. Narrow the scope, add assurances, or address local legal concerns.
• You can return to the Ontario court to amend the order or letter of request.
• You may consider other lawful tools to seek evidence, where available.

If you need evidence from outside Ontario, Form 16 (CSR-16-24) gives you a structured path. It appoints a commissioner, sets fair procedures, and requests help from the foreign court. A careful, detailed draft improves your chances of success and makes the evidence more likely to be accepted at trial.

Legal Terms You Might Encounter

• Commission means the court’s permission to take evidence outside the courtroom. With this form, you ask the court to authorize an examination or document production in another place.
• A Letter of Request is a formal document that the court signs to ask a court or authority in another place to help. It explains what evidence you need, why you need it, and how it should be taken.
• Commissioner or Examiner is the person the court appoints to run the examination. This person administers oaths, asks or permits questions, and manages the process. Your draft order should name this person or describe how they will be selected.
• Examination is the process of asking a witness questions under oath. Your order should state whether the examination is oral, written, or by video. It should also set limits on topics and time.
• Witness is the person who will give evidence or produce records. Your materials should identify the witness clearly, explain their connection to the case, and outline what they can speak to.
• Oath or Affirmation is the promise a witness makes to tell the truth. Your order should authorize the commissioner to administer an oath or affirmation according to local practice where the evidence will be taken.
• Directions are the court’s detailed instructions about how the commission will run. They cover place, date, time, attendance, recording, document handling, and any special safeguards.
• Privilege and Objections are rights that allow a witness not to answer certain questions or produce certain records. The order should say which law governs these issues and how disputes will be resolved during the examination.
• Return of the Commission is the certified package the commissioner sends back. It usually includes the transcript, exhibits, and a certificate confirming how the evidence was taken. Your order should say where and when this must be delivered.
• Receiving Court is the court or authority in the other place that acts on the letter of request. Your order should anticipate what that court needs, such as translations, seals, timelines, or specific appointment wording.
• Costs and Security are expenses tied to the commission. They include commissioner fees, facility fees, transcripts, interpreters, and travel. Your order may require you to pay in advance or post security, so the process is not delayed.
• Authentication is the formal way to prove documents are official. Some places need seals, certifications, or specific signatures. Your order should authorize the proper officer to sign and seal the letter of request so it will be accepted elsewhere.
• Comity is the principle that courts in different places help each other. Your letter of request relies on this principle. Clear, respectful wording increases the chance of cooperation.

FAQs

Do you need this form if the witness is outside your province or country?

Yes, if you need evidence from a witness who is outside the court’s reach. This form asks the court to authorize a commission and issue a letter of request to the place where the witness is located. You provide clear reasons for relevance and necessity. You also propose practical directions on timing, scope, and method. Without this order, you generally cannot compel an out‑of‑jurisdiction witness or records in a criminal case.

Do you need the other party’s consent before you file?

You do not need consent, but it helps. Courts look for cooperation where possible. If the other party consents to the commission and the terms, the court may move more quickly. If there is no consent, be ready to explain why the examination is necessary, proportionate, and fair. Address scheduling, scope limits, and cost-sharing to show balance and efficiency.

Can you ask only for documents without an oral examination?

Yes. The order can focus on record production alone. Your materials should list the categories of documents with precision. Avoid broad, vague wording. Explain why each category is relevant and necessary to issues at trial. Include directions on how to certify the records, how to identify the custodian, and how to send the materials back securely and on time.

Can the examination happen via video conference?

Yes, if the court authorizes it. Many commissions proceed by video to reduce cost and delay. Ask for clear directions on the platform, recording, backup audio, and exhibit handling. Ensure everyone can see, hear, and access documents. Include interpreter arrangements where needed. Confirm whether local rules at the other place allow remote testimony and what technical standards apply.

What if the other jurisdiction refuses to act on the letter of request?

This can happen. Laws vary between places, and some refuse on public policy or procedural grounds. If refused, you can return to the court with an update and propose next steps. You might narrow the request, revise directions, identify a different commissioner, or consider alternative evidence sources. Act early to preserve your trial schedule.

Who pays the costs of the commission?

Usually, the party seeking the commission pays upfront. The order can require deposits or security to cover commissioner fees, court reporter fees, facilities, and interpreters. The court can later decide cost allocation based on the case outcome or fairness. Build realistic budgets and timelines into your draft order so the commission can proceed without interruption.

Do you need translations or interpreters?

Use interpreters when a witness is not proficient in the examination language. Your order should authorize interpretation and state the interpreter’s role. If the receiving place needs translated materials, set out who pays and the certification standard. Plan this early, as translation and interpreter scheduling often drive timelines.

Can you change or cancel the order after it is signed?

Yes, you can ask the court to vary, suspend, or revoke it. You should provide reasons, such as new information, scheduling problems, refusal by the receiving place, or narrowed issues at trial. Offer a concrete revised plan with updated dates, scopes, and costs. The court expects you to act promptly and keep the process proportionate.

Checklist: Before, During, and After the Form

Before signing

• Identify the witness location and legal authority needed to compel evidence there.
• Describe the evidence with precision: topics, dates, and specific document categories.
• Confirm relevance and necessity in relation to your case issues.
• Select a proposed commissioner with the right qualifications and availability.
• Verify local requirements in the receiving place: seals, certifications, or format.
• Decide on method: in person or video; oral questions or written questions.
• Arrange interpretation or translation if needed and estimate related costs.
• Draft clear timelines, including a realistic return deadline.
• Prepare logistics: recording, transcript, exhibits, and secure transfer.
• Budget for fees and request cost directions and security if needed.
• Consult the other party and seek consent on terms where possible.
• Gather coordination details: witness contact, time zones, and platform preferences.
• Prepare a draft letter of request that is respectful, specific, and neutral in tone.

During signing

• Confirm the correct court file number and style of cause.
• Check that the names and addresses of the witness and commissioner are accurate.
• Verify the scope of questions and document lists for clarity and limits.
• Ensure the order states the method: video or in‑person, and the recording method.
• Confirm directions on privilege, objections, and dispute resolution during the exam.
• Review timelines: date to commence, time allowed, and return deadline.
• Check instructions for administering oaths or affirmations in the other place.
• Confirm exhibit handling: numbering, marking, and electronic exchange rules.
• Verify interpreter and translator directions, including qualifications if needed.
• Ensure the clerk’s authority to sign, seal, and issue the letter of request is included.
• Include cost directions and any security or deposit requirements.
• Confirm where and how the commissioner returns the certified materials.

After signing

• Obtain sealed copies of the order and letter of request from the court.
• Serve the order on all parties and provide courtesy copies to the commissioner.
• Send the letter of request and supporting materials to the receiving place.
• Pay required deposits and schedule the examination with all participants.
• Test video platforms, recording systems, and exhibit-sharing tools.
• Prepare a concise examination plan and a document bundle.
• Conduct the examination and keep a clear record of any rulings or objections.
• Track the return package: transcript, exhibits, and certificate of execution.
• File the returned materials with the court as directed in the order.
• Notify the other party that the return has been filed and is available.
• Calendar any deadlines tied to the commission, such as motions about admissibility.
• Store all materials securely, with transcripts and exhibits indexed for trial use.

Common Mistakes to Avoid

Vague requests that sweep too broadly.

• Don’t ask for “all documents” without limits. The receiving place may refuse, or the commissioner may narrow the scope. You risk delay and added cost.

Unrealistic timelines.

• Don’t set a short return deadline without checking availability and logistics. Rush deadlines cause cancellations, adjournments, or non‑compliance.

Ignoring local requirements.

• Don’t skip authentication or format rules in the other place. Missing seals or certifications can stall the process or void the evidence return.

Forgetting privilege and objections.

• Don’t leave these directions out. Without clear rules, disputes at the examination can halt proceedings or taint the record.

Poor exhibit and recording plans.

• Don’t rely on ad hoc sharing. Missing exhibit controls or backup recordings can undermine the reliability of the evidence and force redo sessions.

No cost plan or security.

• Don’t assume fees will sort themselves out. Unpaid deposits can cause cancellations, strained schedules, and wasted travel or setup costs.

What to Do After Filling Out the Form

1. File the signed order and letter of request with the court office, as directed. Obtain sealed copies for service and for transmission to the receiving place. Confirm whether the receiving place needs additional certified copies or translations. Arrange those as soon as possible.
2. Serve the order to all parties. Provide the commissioner with the full package: order, letter of request, exhibits, and any scheduling directions. If a local lawyer is needed in the receiving place, coordinate their engagement early.
3. Transmit the letter of request and supporting materials to the receiving court or authority. Follow any required routing and include contact details for quick scheduling. Pay fees or deposits as directed. Keep proof of delivery and a tracking log.
4. Schedule and prepare for the examination. Confirm dates with the commissioner, witness, interpreter, and court reporter. Test technology and exchange exhibits in advance. Create a clear question outline and time plan. Build in breaks and contingency time.
5. Conduct the examination in line with the order. Address objections promptly. If a ruling is needed, follow the dispute procedure set out in the order. Keep the session focused and within scope. Keep a note of undertakings and outstanding items.
6. Secure the return package. The commissioner should send a certified transcript, exhibits, and a certificate explaining the method used. Track the shipment and confirm receipt. If anything is missing or defective, request a correction promptly.
7. File the returned materials with the court and notify the other party. Seek directions if you need to use the evidence at a hearing. If the return is late, update the court and propose a revised plan.
8. If facts change, consider a variation. You can seek to amend deadlines, scope, or logistics if needed. Provide reasons and a fresh timeline. Keep the process proportionate and fair.
9. Maintain secure storage of all materials. Index exhibits and transcripts for trial. Mark confidential items and restrict access to essential team members only.
10. If the receiving place refused to act, prepare a status report. Offer options to the court: narrower scope, different commissioner, or alternative sources of proof. Move quickly to protect your trial schedule.