Precedent - Stinchcombe Application

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PRECEDENT TERMS OF USE

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Notice

NOTICE OF APPLICATION UNDER STINCHCOMBE

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




NOTICE OF APPLICATION
Disclosure Pursuant to R v Stinchcombe




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;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order that pursuant to R v Stinchcombe, [1991] 3 SCR 326, for the following records to be disclosed to the accused:

    1. [list relevant records]

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS

  1. Upon request of the accused, the prosecuting Crown is obligated to disclose all records in its possession are that are the fruits of the investigation unless they are clearly irrelevant or protected by privilege: R v Stinchcombe, [1991] 3 SCR 326.
  2. Any material that has a "reasonable possibility" could be used for full answer and defence will be considered sufficiently relevant to engage the disclosure obligation: R v Chaplin, [1995] 1 SCR 727.
  3. The prosecuting Crown must make known to the accused the existence of any material in their possession that is held-back from disclosure: Barbour, 2017 ABCA 231 (CanLII)
  4. [grounds consisting of reasons for granting the relief and alleged facts]
  5. ...
  6. 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. Crown brief/sheet, witness list, witness statements (transcribed or summarized)
  3. ...
  4. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order allowing the Application and granting [describe the type of order and terms of the order]

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]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Affidavit

AFFIDAVIT

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation 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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]