From Criminal Law Notebook
Unsealing Records
| Application to Unseal Court Records
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
HIS MAJESTY THE KING
– and –
[ACCUSED NAME]
- and -
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IN THE MATTER OF:
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A criminal investigation pursuant to sections [list sections charged] of the Criminal Code;
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AND IN THE MATTER OF:
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An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;
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AND IN THE MATTER OF:
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An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence;
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NOTICE OF APPLICATION
(Ex Parte)
TAKE NOTICE that an Application is being sought for an Order granting the variation of the sealing orders to permit full access to the reocrds by members of the public.
THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
- 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] concnering [charges];
- 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 remain 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.
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
- A copy of the charging [information/indictment] dated [date];
- A opcy ofhet affidavit of [investigation], dated [date];
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
- An Order unselaing the following Sealing Orders:
| JPC #
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Subject Entity
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Date Ordered
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Author/Applicant
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Issuing Justice
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Base Court
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DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_______________________________
[Counsel's name]
[Counsels title]
[Internal File Code]
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| Affidavit
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
HIS MAJESTY THE KING
– and –
[ACCUSED NAME]
- and -
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IN THE MATTER OF:
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A criminal investigation pursuant to sections [list sections charged] of the Criminal Code;
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AND IN THE MATTER OF:
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An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;
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AND IN THE MATTER OF:
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An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence;
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AFFIDAVIT OF [AFFIANT NAME]
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
- 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 Her Majesty the Queen 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].
- 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:
| JPC #
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Subject Entity
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Date Ordered
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Author/Applicant
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Issuing Justice
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Base Court
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- 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 am not aware of any basis that currently exists that would justify ongoing sealing of any of the records.
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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]
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)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)
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| Order
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
HIS MAJESTY THE KING
– and –
[ACCUSED NAME]
- and -
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IN THE MATTER OF:
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A criminal investigation pursuant to sections [list sections charged] of the Criminal Code;
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AND IN THE MATTER OF:
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An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;
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AND IN THE MATTER OF:
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An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence;
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ORDER
(Section 487.3 of the Criminal Code)
Befroe the Honourable Judge/Justice Presiding:
WHEREAS the following Sealing Orders were granted on Application of the RCMP pursuant to a criminal investigation under section(s) [list sections] and related offences:
| JPC #
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Subject Entity
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Date Ordered
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Author/Applicant
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Issuing Justice
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Base Court
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UPON THE APPLICATION made by counsel for Her Majesty the Queen, [name of counsel], for an Order allowing for the unsealing of [Production Order(s)/Search Warrant(s)] and the Information to Obtain as listed;
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 [Search Warrant(s)/Production Order(s)] materials at issue including the supporting Information to Obtain.
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_________________________________________________
Judge of the [Level] Court of [Province]
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