View source for Abuse of Process 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| }}

{{WHEREAS Charges}}

{{I-Start}}'''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. 7 of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case and that the proceedings are ordered to be stayed pursuant to s. 24(1) of the ''Charter''.{{I-End}}

{{WHEREAS Charges}}

{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS'''{{I-End}}

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

{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS'''{{I-End}}

# [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
# On <date>, an information was sworn charging the Applicant with the offences of ...
# On <date>. the Applicant was arrested for the charged offences. 
# ...
# Any additional grounds as counsel may advise and this Honourable Court may permit.

{{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}

# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# Oral submissions of counsel;
# Written submissions of counsel, including a Book of Authorities;
# Transcripts of proceedings;
# Any additional grounds as counsel may advise and this Honourable Court may permit.

{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}

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 or an Order for the Stay of Proceedings under s. 24(1) of the Charter]

{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}

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}}

{{InternalCode}}

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<center><b> EXHIBIT A<br>
[DESCRIPTION]<b></center>
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<center><b> EXHIBIT B<br>
[DESCRIPTION]<b></center>

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