From Criminal Law Notebook
- PRECEDENT TERMS OF USE
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.
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Notice
- See also: Adjournments
| NOTICE OF APPLICATION TO ADJOURN TRIAL
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
HIS MAJESTY THE KING
– and –
[ACCUSED NAME]
NOTICE OF APPLICATION TO ADJOURN TRIAL
Section 803(1) [PC summary trial] / 537(1)(a) [Prelim judge] / 571 [PC indict. trial or Sup Crt J-alone trial] / 606(3) [Sup Crt J+J trial] of the Criminal Code
WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;
AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].
TAKE NOTICE that before a Presiding Justice of the [name of inferior/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse],
THE APPLICANT RELIES ON THE FOLLOWING GROUNDS
- Section 571 authorizes a provincial judge or superior court justice to adjourn a trial on an indictable matter without jury;
- The decision to adjourn a trial is a discretionary decision of the trial judge: R v White, 2010 ABCA 66 (CanLII), per curiam (3:0) , at para 14
- Generally the court must weigh competing factors, including:
- the gravity of the charges
- the number of previous postponements
- the accused's right to a fair trial and right to be tried in a reasonable time
- the public interest in the orderly and expeditious administration of justice
- the legitimacy of the delay
- An accused request to adjourn trial in order to seek counsel implicate several unique considerations, including:
- ...
- [give a short description of the reasons for adjournment]
- …
- Any additional grounds as counsel may advise and this Honourable Court may permit.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
- An order granting the adjournment of all trial dates and order the scheduling of a hearing to set new trial dates.
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:
In accordance with the appropriate Rules of Court,
[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_________________________________
[Counsel's name]
[Counsel's title]
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TO:
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[parties requiring notice]
[contact info]
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AND TO:
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[other necessary parties]
[contact info]
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cc.
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[other party where notice not legally required such as co-counsel, etc.]
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Affidavit
| AFFIDAVIT (CHARTER)
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
BETWEEN:
[ACCUSED NAME]
– and –
HIS MAJESTY THE KING
AFFIDAVIT OF [AFFIANT NAME]
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
- I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
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SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:
________________________________
Commissioner of Oaths/Barrister of
the [level] Court of [province]
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)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)
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[Internal File Coding]
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EXHIBIT A
[DESCRIPTION]
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EXHIBIT B
[DESCRIPTION]
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Notice
- See also: Adjournments
| REPLY TO NOTICE OF APPLICATION TO ADJOURN TRIAL
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
HIS MAJESTY THE KING
– and –
[ACCUSED NAME]
REPLY TO NOTICE OF APPLICATION TO ADJOURN TRIAL
Section 803(1) [PC summary trial] / 537(1)(a) [Prelim judge] / 571 [PC indict. trial or Sup Crt J-alone trial] / 606(3) [Sup Crt J+J trial] of the Criminal Code
WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;
AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].
THE RESPONDENT RELIES ON THE FOLLOWING GROUNDS
- Section 571 authorizes a provincial judge or superior court justice to adjourn a trial on an indictable matter without jury;
- The decision to adjourn a trial is a discretionary decision of the trial judge: R v White, 2010 ABCA 66 (CanLII), per curiam (3:0) , at para 14
- Generally the court must weigh competing factors, including:
- the gravity of the charges
- the number of previous postponements
- the accused's right to a fair trial and right to be tried in a reasonable time
- the public interest in the orderly and expeditious administration of justice
- the legitimacy of the delay
- An accused request to adjourn trial in order to seek counsel implicate several unique considerations, including:
- ...
- [give a short description of the reasons for adjournment]
- …
- Any additional grounds as counsel may advise and this Honourable Court may permit.
THE RESPONDENT SEEKS THE FOLLOWING RELIEF:
- An order granting the adjournment of all trial dates and order the scheduling of a hearing to set new trial dates.
FOR THE PURPOSE OF THIS APPLICATION, THE RESPONDENT MAY BE SERVED AT:
In accordance with the appropriate Rules of Court,
[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_________________________________
[Counsel's name]
[Counsel's title]
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TO:
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[parties requiring notice]
[contact info]
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AND TO:
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[other necessary parties]
[contact info]
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cc.
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[other party where notice not legally required such as co-counsel, etc.]
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