Form 23 (CSR-23-35)- Pre-hearing Conference Report for Crown Applications

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 23 (CSR-23-35)- Pre-hearing Conference Report for Crown Applications?

Form 23 (CSR-23-35) is a standardized court form used in criminal cases in the Ontario Superior Court of Justice. It is part of the Criminal Proceedings Rules of the Superior Court of Justice in Ontario. You use it to brief the pre-hearing conference judge on Crown applications you intend to bring before or during trial. It organizes the issues, identifies the legal relief you seek, and sets out a plan for how those applications will be heard.

Think of it as your roadmap for all Crown-initiated pre-trial or mid-trial motions. It does not argue the merits. It lists the applications, the authority you rely on, the relief you seek, and the time and evidence you expect to need. It also covers disclosure status, proposed admissions, scheduling, filing deadlines, and logistics such as interpreters and technology. The judge uses it to manage the case and make directions that keep the trial on track.

Crown counsel typically completes and files this form. Defence counsel reviews the form, responds at the conference, and may file a corresponding report for defence applications. The pre-hearing conference judge uses the information you provide to set timelines, sequence voir dires, and address any barriers to readiness. Court staff rely on it to schedule the court day and arrange resources.

You need this form if you plan to bring any Crown application that affects the trial process or the admissibility of evidence. Common examples include an application to admit a prior recorded statement, a similar fact application, a motion to exclude the accused’s criminal record from cross-examination, a publication ban, a request to accommodate a vulnerable witness, or a motion to join or sever counts. You also use it to plan voir dires on voluntariness, search issues, or identification. If the application may need third-party notice, a ban, a sealing order, or special logistics, you capture that here.

Typical usage scenarios include a multi-day jury trial that will need several voir dires, a judge-alone trial with a disputed confession, a sexual offence trial involving a publication ban and witness supports, or a complex fraud case with extensive expert evidence. In each case, the court needs an organized plan for pre-trial issues. The form gives the judge a single, clear snapshot of what must happen, when, and how long it will take.

In short, Form 23 makes your intended applications visible, sequenced, and manageable. It supports early rulings, avoids last-minute surprises, and reduces delays once the trial begins.

When Would You Use a Form 23 (CSR-23-35)- Pre-hearing Conference Report for Crown Applications?

You use the form before a scheduled pre-hearing conference when the Crown intends to bring one or more applications. File it in advance of the conference date set by the court. The timing usually comes after indictment and arraignment planning but before firm trial dates, or soon after trial dates are set. If you plan to argue motions during trial, you still use this form to map the issues and book time.

For example, you may have a child witness whose video statement you plan to tender. You foresee a voir dire on admissibility and a request for testimonial aids. The form lets you flag both applications, propose the sequence, estimate time, and set filing deadlines. Or you may anticipate a similar fact application against a co-accused. You identify the application, outline the grounds, list the witnesses you will call on the voir dire, and propose the lead authority and filing dates for your record.

Another common situation is a case with police statement issues. You expect a voluntariness voir dire and a Charter-based admissibility challenge. Use the form to propose whether the voir dire should be blended or stand-alone, the order of witnesses, and the time estimates. You can also ask the judge to set page limits and a filing schedule for factums and casebooks so the hearing is focused.

You would also use the form to seek a publication ban, sealing order, or protective order. These often involve third-party notice, media notice, or victim input. The form prompts you to identify those needs, attach draft orders, and confirm the proposed language. If the trial will need remote testimony from a witness abroad, you can request remote arrangements and identify any statutory requirements or undertakings.

Typical users include Crown counsel of record, the lead trial Crown, or a designated agent. A senior law clerk or articling student may help draft, but a Crown lawyer signs and certifies it. Defence counsel and self-represented accused are not the filers for this form, but they rely on it to prepare and to respond. The pre-hearing conference judge and trial coordinator use it to enforce the schedule and allocate court resources.

In complex prosecutions, you may file an initial report early and then file an amended report as issues evolve. Do this when disclosure expands, witnesses change, or you narrow the relief sought. The court expects you to keep the report accurate and current so the plan at the pre-hearing conference matches what you will actually seek in court.

Legal Characteristics of the Form 23 (CSR-23-35)- Pre-hearing Conference Report for Crown Applications

The form is a procedural filing under the Criminal Proceedings Rules of the Superior Court of Justice. It is not itself an order or judgment. It becomes legally meaningful because the rules require it, the judge relies on it, and the court may endorse it. When the pre-hearing conference judge makes directions based on your report—such as filing deadlines, sequencing, or time limits—those directions become binding. They govern the conduct of your applications unless the court later varies them.

Enforceability comes from two sources. First, compliance with the Rules is mandatory. Failure to file or serve the report on time can lead to adjournments being denied, late applications being refused, or other case management remedies. Second, the judge’s endorsements on or following the conference operate as orders. Missing a deadline, calling extra witnesses beyond the estimate, or adding issues not disclosed in the report may require leave. The court may refuse late changes if they cause unfairness or delay.

The form helps protect trial fairness. It ensures the defence has early notice of the issues and relief you seek. It supports meaningful preparation and admissions that can shorten the hearing. It also helps safeguard statutory rights, such as interpreter rights, access to testimonial aids, publication bans, and timely disclosure.

There are important legal considerations as you complete the form. Be precise about the statutory basis for each application and the specific relief you want. Confirm the court has jurisdiction to grant the relief and that you have met any notice or service requirements. Identify whether any person other than the defence needs notice, such as a complainant for a ban or an affected third party. Flag any confidentiality concerns and propose sealing terms if needed. Ensure your plan respects your disclosure obligations and does not rely on material you have not yet provided.

Treat the form as part of the record. You sign it, and the court may rely on it when setting limits or giving directions. Misstatements can undermine your position and credibility. If you later change course, update the court quickly and propose a revised plan. The judge can permit amendments where justified and consistent with fairness.

Finally, the form does not replace your substantive materials. You still need to serve and file formal notices, application records, affidavits, exhibits, and factums under the Rules and any practice directions. The report is the organizing tool that gets you and the court on the same page before argument begins.

How to Fill Out a Form 23 (CSR-23-35)- Pre-hearing Conference Report for Crown Applications

1) Get the current form and read it end to end.

Confirm you are using Form 23 (CSR-23-35). Check any accompanying practice directions so your plan aligns with scheduling expectations.

2) Complete the court caption.

Insert “Ontario Superior Court of Justice.” Add the region, courthouse, and court file number. Use the style of cause “R. v. [Accused’s full name].” List all the accused if there are multiple. Note whether the trial is judge-alone or jury, if known.

3) Identify counsel and contact details.

Provide the name, title, office address, email, and phone number for the Crown handling the applications. Include the name and contact for defence counsel, or note if the accused is self-represented. Identify co-accused counsel. Add an alternate contact if the file has a second Crown.

4) Describe the case status.

List the charges and section numbers in plain language. Note the indictment status, any elections, and trial dates if set. Confirm any prior rulings that affect your applications, such as earlier orders on disclosure or bans.

5) List each Crown application clearly.

Create a separate entry for every application you plan to bring. For each entry, set out:

• The legal basis is under the Criminal Code, the Evidence Act, or the court’s inherent jurisdiction.
• The precise relief you seek in one sentence.
• Whether you want the application heard pre-trial or during trial.
• Your time estimate for the voir dire and for the argument.

Keep descriptions plain and narrow. For example, “Crown seeks to admit the complainant’s prior recorded statement. Voir dire estimate: 90 minutes evidence, 45 minutes argument.”

6) Summarize the factual foundation for each application.

Provide a short, neutral summary of the facts relevant to the relief. Avoid needless detail. Do not insert privileged analysis. If sensitive facts are essential, consider a brief confidential appendix and ask for a sealing order at the conference.

7) Identify the issues the judge must decide.

For each application, state the key issues in dispute. Focus on what the judge must rule on, not your argument. Examples include the test for admissibility, the scope of cross-examination, or the relevance and probative value of proposed evidence.

8) Set out your evidentiary plan for each voir dire.

List the witnesses you expect to call, their roles, and the order of testimony. Identify any interpreter needs. Note whether you will rely on transcripts or recordings, and confirm copies will be available in court. Estimate the time for each witness and for cross-examination.

9) Address disclosure and admissions.

Confirm the status of disclosure. Identify any outstanding disclosures and commit to timelines. Propose admissions that could shorten the voir dire or the trial. Attach a draft statement of admissions if you seek agreement on discrete facts or authenticity of records.

10) Propose a filing schedule.

Suggest dates for:

• Crown application records and factums.
• Defence response records and factums.
• Crown reply, if any.
• Books of authorities and electronic casebooks.

Offer practical page limits if warranted. For example, propose 20 pages for factums and a focused list of authorities. Highlight any need for a joint casebook to streamline the hearing.

11) Choose the mode of hearing and logistics.

Indicate if the pre-hearing applications will proceed in person, remote, or hybrid, subject to the court’s direction. Identify platform needs, courtroom technology, and any special arrangements for witnesses. Confirm plans for managing exhibits and playback of recordings. Note any need for a publication ban or a sealing order for filed materials.

12) Identify any orders affecting the public or third parties.

If you seek a publication ban, describe the scope and duration in clear terms. If a witness needs testimonial aids, specify the supports sought. If a third party’s interests may be affected, set out how you will provide notice and on what timeline. Attach draft orders with precise wording.

13) Propose sequencing and time management.

Offer a proposed order for the applications and voir dire. Group related applications where appropriate. Suggest a total time budget for each hearing day. Indicate whether rulings are needed before the jury is empanelled or before a key witness testifies.

14) Note interpretation and accessibility needs.

Confirm the language of the proceedings. Identify any interpreter needs for witnesses or the accused. Flag any accessibility or accommodation requests for participants. Provide enough detail for the court to arrange services.

15) Address confidentiality and record handling.

Identify any material you propose to file under seal. Explain why sealing is needed and for how long. Confirm how you will provide redacted versions where appropriate. State how electronic materials will be delivered to the court securely.

16) Attach supporting schedules.

Include:

• A list of applications with statutory bases and time estimates.
• A witness and exhibit list for each voir dire.
• A draft statement of admissions for defence review.
• Draft orders for bans, accommodations, and scheduling.
• A proposed timetable with firm dates.

Keep schedules concise and consistent with the main report. Cross-reference where needed.

17) Summarize the relief you ask the pre-hearing judge to grant.

This usually includes adopting your proposed schedule, setting filing deadlines, approving the sequence and time limits, granting any preliminary bans or confidentiality measures, and setting the date and mode for the hearings.

18) Complete the certification and signature.

Insert the date. Sign the form as Crown counsel of record. If your office uses digital signatures, ensure they meet court standards. Include your name printed beneath the signature line.

19) Add a certificate of service.

State how and when you served the report and any attachments on the defence counsel or the accused. If you served any third party, list them and the method. Attach proof of service if required.

20) Leave the endorsement section blank.

The pre-hearing conference judge will complete this section with directions and orders. After the conference, review the endorsement carefully and circulate it to your team and the defence. Update your case plan to match the endorsement.

21) File amendments if your plan changes.

If you add or narrow applications, file an amended report as soon as possible. Highlight the changes. Provide updated schedules and draft orders. Ask the court to vary timelines only if necessary and justified.

Practical tips

Write in plain language. Avoid argument in the report; save that for your factum. Keep time estimates realistic. Overly optimistic estimates can backfire and cause mid-trial delays. Confirm witness availability before proposing dates. Secure any required interpreters early. Check that all recordings play on courtroom systems. Bring a printed copy and an electronic copy to the conference.

Be careful with sensitive content. Do not include privileged legal advice or strategy. If you must disclose sensitive facts to justify interim protective relief, place them in a brief appendix and request a sealing order. Use initials only where a statutory ban requires it, and attach a draft ban order that reflects the statute.

Finally, use the form to build consensus where possible. Invite defence feedback on admissions and scheduling before you file. Offer a reasonable timetable that respects both sides’ workload. Judges expect cooperation on case management. A clear, accurate Form 23 shows you are ready, organized, and committed to a fair and efficient hearing.

Legal Terms You Might Encounter

• Crown application means a request that the prosecution brings for a court order before or during trial. On this form, you state each application the Crown plans to argue and the exact order sought. You also set the timelines to exchange materials and the hearing date.
• Pre-hearing conference is a planning meeting with a judge to manage Crown applications. The form captures what you and the other side agree to at that conference. It records issues, deadlines, and any directions from the judge.
• Relief sought, or order requested, describes the specific ruling you want. For example, admitting certain evidence or granting a publication ban. The form asks you to describe the relief precisely, so the hearing stays focused.
• Issues in dispute are the key points the court must decide. These might include admissibility, reliability, or fairness concerns. The form asks you to list the issues so the judge can set efficient steps and time limits.
• Admissions or agreed facts are things both sides accept as true. They help narrow what needs evidence or argument. The form prompts you to note any admissions, so you avoid calling unnecessary evidence.
• Voir dire is a hearing within a hearing about the admissibility of evidence. You use the form to indicate if a voir dire is required, how long it may take, and which witnesses you will call.
• Affidavit and viva voce evidence refer to written sworn statements versus live testimony. The form asks you to confirm how you will present evidence on the application. You identify any affidavits, deponents, or live witnesses.
• Factum and the book of authorities are your written argument and the cases or statutes you rely on. The form sets filing deadlines and page limits. It also notes if you plan to rely on a joint brief of authorities.
• Filing and service describe giving materials to the court and to every other party. The form records service details and deadlines so everyone receives materials on time. It also confirms email addresses and preferred methods of delivery.
• Endorsement is the judge’s written direction or approval recorded on or attached to the form. The endorsement confirms what was decided at the conference. It makes the agreed schedule enforceable going forward.

FAQs

Do you need to complete this form for every Crown application?

You complete it when a judge directs a pre-hearing conference for Crown applications. Many courts expect a report to capture timelines and issues. If you are unsure, ask the trial coordinator after the conference is set.

Who prepares and signs the form?

The Crown usually prepares the draft after the conference, based on the judge’s directions. Defence counsel reviews it and requests changes if needed. All counsel should sign. The judge may add an endorsement.

Do you attach your affidavits or exhibits to the form?

No. The form is a summary of the plan, not the evidence itself. You list the affidavits and exhibits you will file, and the deadlines. You file the actual materials by the dates set out on the form.

Can you change the dates or witness plans after filing the form?

Yes, but only with the court’s approval or by consent. If something material changes, seek directions promptly. File an amended report or obtain a fresh endorsement so the record stays current.

Do you need to list every authority you might rely on?

List the main authorities now and refine later if permitted. Use the form to set a timetable for exchanging factums and authorities. If you add a significant new authority later, give prompt notice.

What if the defence disagrees with the issues or summary on the form?

Note the disagreement on the form or attach a short rider. Ask the judge for direction if needed. The goal is a clear record of what is agreed and what remains contested.

How do you handle confidential or sensitive information on the form?

Describe it in general terms and note any sealing or publication-ban orders you will seek. Do not include confidential content in the form itself. File any confidential material using the court’s accepted method.

Is electronic filing or electronic service allowed for this form?

Many courts accept electronic filing and service. Use the addresses and format set by the court office managing the case. Confirm any special file-naming or page-limit rules with the coordinator.

Checklist: Before, During, and After the Form 23 (CSR-23-35)- Pre-hearing Conference Report for Crown Applications

Before signing

• Confirm case details: court location, file number, caption, and assigned judge.
• Verify all parties and counsel names, emails, and phone numbers.
• List each Crown application and the exact order sought.
• Record the issues in dispute and any admissions or agreed facts.
• Identify witnesses for any voir dire and the estimated time needed.
• Note whether evidence will be by affidavit, viva voce, or both.
• List expected exhibits and any transcripts you will rely on.
• Set deadlines for filing and service of factums and records.
• Confirm page limits and whether a joint book of authorities is planned.
• Record proposed hearing dates and total time estimate.
• Note interpretation, publication ban, screen, support person, or testimonial aid needs.
• Capture technology needs: video link, in-custody video, playback, or remote testimony.
• Confirm any sealing or confidentiality requests.
• Gather prior endorsements that affect the applications.
• Check the availability of all counsel, accused, and witnesses on proposed dates.

During signing

• Check spelling of names, file number, and contact details.
• Ensure the relief sought is specific and complete for each application.
• Verify all deadlines and hearing dates match the conference directions.
• Confirm witness lists, exhibit lists, and time estimates are realistic.
• Make sure service methods and email addresses are correct.
• Confirm page limits and formatting directions for materials.
• Verify technology and interpretation requests are recorded.
• Ensure the judge’s endorsement section is included and legible.
• Attach any rider or schedule referenced on the form.
• Obtain signatures from all counsel or note any party’s refusal to sign.

After signing

• File the signed form with the correct court office by the set date.
• Serve a copy on every party and keep proof of service.
• Send a copy to the trial coordinator if requested.
• Calendar all filing and service deadlines from the form.
• Start drafting affidavits, factums, and briefs to meet those deadlines.
• Book interpreters, video links, and any courtroom technology.
• Confirm witness availability and issue subpoenas if needed.
• Store the filed form and any endorsement in your case management system.
• If circumstances change, seek directions and file an amended form.
• Bring the form to the hearing for quick reference on scope and timing.

Common Mistakes to Avoid

• Vague or incomplete relief sought. Don’t forget to state the exact order you want. Vague requests cause confusion and adjournments.
• Underestimating time for a voir dire. Don’t guess. Build in time for cross-examination and rulings. Unrealistic estimates lead to split hearings.
• Not listing witnesses or affidavits. Don’t assume the court “knows.” Missing names or affidavits can block evidence or force delays.
• Ignoring technology or interpretation needs. Don’t leave it to the last minute. Unbooked resources can derail the hearing day.
• Missing or unclear deadlines. Don’t leave blanks. If dates are not set, timelines slip, and the court may refuse late filings.

What to Do After Filling Out the Form

1. File the report. Submit the signed form to the court office handling the case. Use the filing method accepted by that office. Include any required cover page or confirmation.
2. Serve the parties. Deliver the filed report to all defence counsel and any self-represented accused. Use the service emails or addresses listed on the form. Keep proof of service.
3. Confirm scheduling. Send the report to the trial coordinator if requested. Confirm the courtroom, the date range, and whether the judge is seized of the applications.
4. Diarize every deadline. Add internal reminders well before each due date. Include checkpoints for drafts, review, and final sign-off.
5. Prepare your materials. Draft affidavits, compile exhibits, and order transcripts noted on the form. Write your factum within the page limits and on time. Build your book of authorities, or coordinate a joint book.
6. Coordinate witnesses. Confirm attendance and availability for any voir dire. Serve summonses where required. Provide witnesses with the date, time, and location or video details.
7. Arrange logistics. Book any interpretation, testimonial aids, and technology. Test video links with the court if remote attendance is planned. Make sure playback equipment is available for recordings.
8. Manage confidentiality. If you plan to seek a sealing order or publication ban, prepare the draft order and any supporting materials. Avoid filing sensitive content until the court directs how to handle it.
9. Update when things change. If dates, witnesses, or relief change, notify the other side. Seek directions from the court. File and serve an amended report marked with the new date.
10. Bring the record to the hearing. Bring the filed form, the judge’s endorsement, proof of service, and a concise hearing plan. Be ready to confirm time estimates and witness order.
11. After the hearing, note any further directions on timelines or supplemental materials. Update your calendar. Serve any orders or endorsements arising from the hearing. Keep the updated report in your file.