Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when the Crown applies to designate a client as a High-Risk Accused under section six hundred and seventy-two point six four of the Criminal Code. It guides counsel through opposing HRA applications, contesting risk assessments, and navigating the secure detention regime.
Jurisdiction: This plan operates under Canadian federal law and applies in all superior courts of criminal jurisdiction. It branches from the parent plan post-verdict prior to absolute discharge.
Verify serious personal injury eligibility and analyze the Crown's proposed pathways.
The Process at a Glance: The process starts with verifying whether the index offence is a serious personal injury offence under section seven hundred and fifty-two. If eligible, the Crown must prove a substantial likelihood of violence or that the offence was of such a brutal nature as to indicate a risk of grave harm. Counsel prepares medical and expert evidence to contest these pathways. If designated, the client faces mandatory secure hospital detention and is barred from discharges and unescorted passes. Counsel monitors the client's progress to coordinate a referral for revocation under section six hundred and seventy-two point eight four.
Key Legislation and Case Law: The proceeding is governed by the Criminal Code (Justice Laws Portal), specifically sections six hundred and seventy-two point six four, six hundred and seventy-two point eight four, and seven hundred and fifty-two. Key authorities include R. v. Hadfield, 2017 ONCA 515, R. v. Teggart, 2018 ONCA 659, and R. v. Schoenborn, 2018 BCSC 1970, clarifying the high standard for substantial likelihood of violence. Legal text and cases are searchable on CanLII (Canadian Legal Information Institute).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Not Criminally Responsible (NCR) Defence and Fitness (Accused) - High-Risk Accused (HRA) Designation matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Under Section 752 of the Criminal Code, a serious personal injury offence must involve violence, conduct likely to endanger life, or inflict severe harm, carrying a maximum sentence of 10 years or more.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Litigate the designation application in court and secure a favorable ruling.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Appellate authorities in R. v. Hadfield 2017 ONCA 515 and R. v. Teggart 2018 ONCA 659 confirm the HRA designation is exceptional. In R. v. Schoenborn 2018 BCSC 1970, the court clarified that 'substantial likelihood' requires a high probability, not just a significant threat.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Build the evidentiary record to support HRA revocation under Section 672.84.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
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