Precedent - Sexual Offence Matters

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PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Section 276 Application

NOTICE OF S. 276 APPLICATION AFFIDAVIT (S. 276)

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 APPLICATION
(Pursuant to Section 276 of the Criminal Code)




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 granting leave for the Applicant to question the complainant on matters protected by s. 276 of the Criminal Code.

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:

  1. [give a narrative of the relevant portions of the offence that relates to the issue]
  2. ...

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]

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order pursuant to s. 276 of the Criminal Code granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”]

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___.

_____________________________
[name of applicant]

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.
  2. ...

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]


Waivers

WAIVER OF 278.1 PROTECTIONS



WAIVER OF RIGHTS HOLDER
(Private Records Under s. 278.1 to 278.91 of the Criminal Code)




I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Informed Waiver
  • I understand that there are rules that protect certain records under s. 278.1 to 278.91 of the Criminal Code for which I have a reasonable expectation of privacy.
  • I understand that I do not need to consent to the disclosure of the records. However, the accused has the right to bring an application to order the disclosure of these records.
  • I understand that by disclosing these records, they will no longer be private and may be tendered before a court in the course of a trial.
Legal Advice (Check one)
  • I have received independent legal advice
  • I have declined to receive independent legal advice
Consent
  • I ______________________ consent to these records being disclosed by the Prosecuting Crown to the accused and his/her counsel for the purpose of preparing for criminal proceedings against _________________ (accused name).


_____________________________
Protected Party

_____________________________
Signature

_____________________________
Date