From Criminal Law Notebook
- PRECEDENT TERMS OF USE
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.
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Application to Quash
| NOTICE OF APPLICATION TO QUASH AN INDICTMENT OR INFORMATION
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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]
NOTICE OF APPLICATION TO QUASH
(Section 581 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;
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 granting [relief being sought].
THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
- Authority set out in s. 581 of the Criminal Code.
- the [information/indictment] dated [date].
- [grounds consisting of reasons for granting the relief and alleged facts]
- ...
- 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:
- [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
- ...
- Any additional evidence as counsel may advise and this Honourable Court may permit.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
- An Order granting the application and quashing the [Indictment/Information] described above.
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___.
_________________________________
[Counsel's name]
[Counsel's title]
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TO:
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[parties requiring notice]
[contact info]
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AND TO:
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[other necessary parties]
[contact info]
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cc.
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[other party where notice not legally required such as co-counsel, etc.]
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[Internal File Coding]
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| AFFIDAVIT (GENERIC)
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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]
AFFIDAVIT OF [AFFIANT NAME]
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
- I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
- ...
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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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[Internal File Coding]
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