Precedent - Testimonial Aids

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PRECEDENT TERMS OF USE

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Testimonial Aids

See also: Witness Screen and Closed-Circuit Video Testimony
Notice to Seek an Order Under s. 486.2(1)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN


– and –

[ACCUSED NAME]




NOTICE OF APPLICATION FOR TESTIMONIAL AIDS
(Pursuant to section 486.2(1) 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;

WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].

TAKE NOTICE that pursuant to s. 486.2(1) the Crown seeks an order permitting the Crown witness/complainant, IF— a person under the age of 18—to testify from behind a screen.

THE APPLICANT RELIES ON THE FOLLOW GROUNDS

  1. Any witness called to testify is expected to do so in person and in view of all participants.
  1. Section 486.2(1) provides an exemption to that requirement for “a witness under the age of 17 years”. The trial judge “shall” order the use of a screen “unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice”.
  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:

  1. An Order for [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]

[Internal File Coding]