Precedent - Application to Unseal Judicial Authorization: Difference between revisions
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{{Precedent Terms of Use}} | {{Precedent Terms of Use}} | ||
== | ==Notice== | ||
{|class="wikitable" style="width: | {{seealso|Sealing and Unsealing Judicial Authorizations}} | ||
{|class="wikitable" style="width:650px; background-color:white" | |||
! Application to Unseal Court Records | ! Application to Unseal Court Records | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" | | ||
{{Style of Cause}} | {{Style of Cause}} | ||
{{Style of Cause ( | {{Style of Cause (Unseal)}} | ||
{{TITLE|NOTICE OF APPLICATION|(''Ex Parte'')}} | {{TITLE|NOTICE OF APPLICATION|(''Ex Parte'')}} | ||
'''TAKE NOTICE''' that an Application is being | {{I-Start}}'''TAKE NOTICE''' that an Application is being made for an Order granting the variation of the sealing orders to permit full access to the records by members of the public.{{I-End}} | ||
'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS | {{WHEREAS Charges}} | ||
# The initial sealing order was granted on application of the investigator. The basis for the application was to protect an ongoing investigation into the alleged criminal activity of [accused] | |||
# The investigation has concluded and charges were laid on [date] | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | ||
# The legal presumption remains against the continued sealing of any record | # The initial sealing order was granted on application of the investigator. The basis for the application was to protect an ongoing investigation into the alleged criminal activity of [accused] concerning [charges]. | ||
# The basis for which the initial sealing order was granted no longer exists | # The judicial authorization was executed on [date]. | ||
# There are no other lawful reasons, including privilege, which exists to justify further sealing of the records | # The investigation has concluded and charges were laid on [date]. | ||
# The legal presumption remains against the continued sealing of any record and must be justified by the party seeking that the record remains sealed. | |||
# The basis for which the initial sealing order was granted no longer exists. | |||
# There are no other lawful reasons, including privilege, which exists to justify further sealing of the records. | |||
# Any additional grounds as counsel may advise and this Honourable Court may permit. | # 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:''' | {{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}} | ||
# A copy of the charging [information/indictment] dated [date]; | # A copy of the charging [information/indictment] dated [date]; | ||
# A | # A copy of the affidavit of [investigation], dated [date]; | ||
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:''' | {{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | ||
# An Order | # An Order unsealing the following Sealing Orders: | ||
{{List of Sealing Orders}} | {{List of Sealing Orders}} | ||
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{{InternalCode}} | {{InternalCode}} | ||
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|- | ==Affidavit== | ||
{|class="wikitable" style="width:650px; background-color:white" | |||
! Affidavit | ! Affidavit | ||
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# 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. | # 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. | ||
# I am the lead investigator in the matter of | # I am the lead investigator in the matter of His Majesty the King versus [Accused name] (DOB: [date of birth]) concerning offences pursuant to section(s) [list sections] of the ''Criminal Code'' occurring on or about/between [date(s) of offence]. | ||
# I was the affiant who applied and was granted [a] judicial authorization(s) on [date(s)]. The authorization(s) [was/were] executed on [date(s)]. | |||
# The investigation was concluded and charges were laid on [date]. | # The investigation was concluded and charges were laid on [date]. | ||
# I am familiar with the following [production orders/search warrants], including their supporting ITOs and sealing orders:{{List of Sealing Orders}} | # I am familiar with the following [production orders/search warrants], including their supporting ITOs and sealing orders:{{List of Sealing Orders}} | ||
# I understand that the above-listed orders and supporting documents were sealed on the basis of protecting an ongoing investigation. The investigation has now concluded the laying of charges; | # I understand that the above-listed orders and supporting documents were sealed by the authorizing Justice at the same time as the main authorization on the basis of protecting an ongoing investigation. The investigation has now concluded with the laying of charges; | ||
# I am not aware of any basis that currently exists that would justify ongoing sealing of any of the records. | # I am not aware of any basis that currently exists that would justify ongoing sealing of any of the records. | ||
{{SwornSignature}} | {{SwornSignature}} | ||
|- | {{InternalCode}} | ||
|} | |||
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==Order== | |||
{|class="wikitable" style="width:650px; background-color:white" | |||
! Order | ! Order | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" | | ||
{{Style of Cause}} | {{Style of Cause}} | ||
{{Style of Cause ( | {{Style of Cause (Unseal)}} | ||
{{TITLE|ORDER|(Section 487.3/487.0191 of the ''Criminal Code'')}} | |||
'''Before the Honourable Judge/Justice Presiding:''' | |||
{{ | {{I-Start}}'''WHEREAS''' on [date], a justice of the peace granted multiple judicial authorizations under [section]{{CCC}} in relation to a criminal investigation for offence contrary to section(s) [list sections]{{CCC}}.{{I-End}} | ||
''' | {{I-Start}}'''AND WHEREAS''' the affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain:{{I-End}} | ||
{{List of Sealing Orders}} | {{List of Sealing Orders}} | ||
''' | {{I-Start}}'''AND WHEREAS''' the authorizations were executed on or about [date].{{I-End}} | ||
'''UPON | {{I-Start}}'''UPON THE APPLICATION''' made by counsel for His Majesty the King, [name of counsel], for an Order to vary the above-noted sealing orders so as to allow access to the judicial authorizations and supporting Informations to Obtain;{{I-End}} | ||
'''IT IS ORDERED''' that the Sealing Orders referred to above shall be varied to allow for the release of all | {{I-Start}}'''UPON READING''' the affidavit of [investigator affidavit] dated [date];{{I-End}} | ||
{{I-Start}}'''IT IS ORDERED''' that the Sealing Orders referred to above shall be varied to allow for the release of all judicial authorization materials at issue including the supporting Information to Obtain after being subject to vetting by the Crown.{{I-End}} | |||
{{DATED}} | {{DATED}} | ||
<span style="display:inline-block; width: 300px;"></span>_________________________________________________ | <span style="display:inline-block; width: 300px;"></span>_________________________________________________ | ||
<span style="display:inline-block; width: 300px;"></span>Judge of the [Level] Court of [Province] | <span style="display:inline-block; width: 300px;"></span>Judge of the [Level] Court of [Province] | ||
{{InternalCode}} | |||
|} | |} | ||
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Revision as of 15:33, 15 September 2022
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Notice
Application to Unseal Court Records | ||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
- and - NOTICE OF APPLICATION TAKE NOTICE that an Application is being made for an Order granting the variation of the sealing orders to permit full access to the records by members of the public. 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; THE APPLICANT RELIES ON THE FOLLOWING GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding] |
Affidavit
Affidavit | ||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
- and - AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Order
Order | ||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
- and - ORDER Before the Honourable Judge/Justice Presiding: WHEREAS on [date], a justice of the peace granted multiple judicial authorizations under [section] of the Criminal Code in relation to a criminal investigation for offence contrary to section(s) [list sections] of the Criminal Code. AND WHEREAS the affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain:
AND WHEREAS the authorizations were executed on or about [date]. UPON THE APPLICATION made by counsel for His Majesty the King, [name of counsel], for an Order to vary the above-noted sealing orders so as to allow access to the judicial authorizations and supporting Informations to Obtain; UPON READING the affidavit of [investigator affidavit] dated [date]; IT IS ORDERED that the Sealing Orders referred to above shall be varied to allow for the release of all judicial authorization materials at issue including the supporting Information to Obtain after being subject to vetting by the Crown. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Judge of the [Level] Court of [Province] [Internal File Coding] |