View source for Section 8 Application (Precedent)

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==Notice==
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! NOTICE OF CHARTER APPLICATION
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{{Style of Cause (Charter)}}

{{TITLE|NOTICE OF CHARTER APPLICATION|Section 8 of the Charter}}

{{WHEREAS Charges}}

'''TAKE NOTICE''' that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order that the Applicant's rights under s. 8 of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) of the ''Charter''.

{{WHEREAS Charges}}

'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:'''

# [enumerate the principles that apply to the circumstances]
# Any additional grounds as counsel may advise and this Honourable Court may permit.

'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:'''

# [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
# 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 grounds as counsel may advise and this Honourable Court may permit.

'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''

An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter]

'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''

In accordance with the appropriate Rules of Court, 
{{CounselAddress}} 

{{DATED}}

{{CounselSignature}}

'''TO:''' [Provincial/Federal Crown Attorney]

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==Affidavit==

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! AFFIDAVIT (CHARTER)
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{{Style of Cause (Charter)}}

{{TITLE|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.

{{SwornSignature}}

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