Precedent - Charter Applications

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Generic

NOTICE OF CHARTER APPLICATION AFFIDAVIT (CHARTER)

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF CHARTER APPLICATION




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order that the Applicant's rights under s. [List sections of charter: e.g. 7, 8, 11(d)] of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case.

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

  1. [enumerate the principles that apply to the circumstances]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter or an Order for the Stay of Proceedings under s. 24(1) of the Charter]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[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]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. 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.

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]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Section 7: Abuse of Process

Section 8: Search and Seizure

Section11 (b): Delay

NOTICE OF CHARTER APPLICATION AFFIDAVIT (CHARTER)

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF CHARTER APPLICATION




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order that the Applicant's rights under s. 11(d) of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that the proceedings are ordered to be stayed pursuant to s. 24(1) of the Charter.

WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

  1. [enumerate the principles that apply to the circumstances]
  2. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. On <date>, an information was sworn charging the Applicant with the offences of ...
  3. On <date>. the Applicant was arrested for the charged offences.
  4. ...
  5. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. Oral submissions of counsel;
  3. Written submissions of counsel, including a Book of Authorities;
  4. Transcripts of proceedings;
  5. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter or an Order for the Stay of Proceedings under s. 24(1) of the Charter]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[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]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. 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.

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]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]


Challenge to Legislation