Application to Quash Charges (Precedent): Difference between revisions

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{{Precedent Terms of Use}}
{{Precedent Terms of Use}}


==Application to Quash==
==Notice==
{|class="wikitable" style="width:650px; background-color:white; "
<!--{|class="wikitable" style="width:650px; background-color:white; "
! NOTICE OF APPLICATION TO QUASH AN INDICTMENT OR INFORMATION
! NOTICE OF APPLICATION TO QUASH AN INDICTMENT OR INFORMATION
|-
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |-->
{{Style of Cause}}
{{Style of Cause}}


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'''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].
'''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:'''
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}}
# Authority set out in s. 581 of the Criminal Code.
# Authority set out in s. 581 of the Criminal Code.
# the [information/indictment] dated [date].
# the [information/indictment] dated [date].
# An indictment can be challenged up until the point where it has been preferred: R v Tippett, 2010 NLCA 49, 259 CCC (3d) 396
# [grounds consisting of reasons for granting the relief and alleged facts]
# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# ...
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# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral 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.
# Any additional evidence as counsel may advise and this Honourable Court may permit.


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


By service in accordance with the appropriate Rules of Court, at
In accordance with the appropriate Rules of Court,  
{{CounselAddress}}  
{{CounselAddress}}  


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{{InternalCode}}
{{InternalCode}}
|-
|}
 
<gdoc id="1V4nML-CAmVYZsUUf0eBkuiuGlh-nWWA3ADfRjx9AsEY" width="750" height="1000" />
 
==Affidavit==
<!--{|class="wikitable" style="width:650px; background-color:white; "
! AFFIDAVIT (GENERIC)
! AFFIDAVIT (GENERIC)
|-
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |-->
{{Style of Cause}}
{{Style of Cause}}


{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}


I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
{{Aff-Intro}}
 
# {{Aff-Knowledge}}
# 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.
# ...
# ...
{{SwornSignature}}
{{SwornSignature}}


{{InternalCode}}
{{InternalCode}}
|-
| style="width: 50%; vertical-align: top;" |-->
<center><b> EXHIBIT A<br>
[DESCRIPTION]<b></center>
|-
| style="width: 50%; vertical-align: top;" |-->
<center><b> EXHIBIT B<br>
[DESCRIPTION]<b></center>
|}
|}
<gdoc id="1KOEw-28Ibq6UXXGXUR1ueQLEw49GEIaSwMxOX6KErHo" width="750" height="1000" />

Latest revision as of 21:43, 23 December 2024

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

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

  1. Authority set out in s. 581 of the Criminal Code.
  2. the [information/indictment] dated [date].
  3. An indictment can be challenged up until the point where it has been preferred: R v Tippett, 2010 NLCA 49, 259 CCC (3d) 396
  4. [grounds consisting of reasons for granting the relief and alleged facts]
  5. ...
  6. 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:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order granting the application and quashing the [Indictment/Information] described above.

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

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding] |}

<gdoc id="1V4nML-CAmVYZsUUf0eBkuiuGlh-nWWA3ADfRjx9AsEY" width="750" height="1000" />

Affidavit

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/affirmation and say as follows that:

  1. 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.
  2. ...

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]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding] |- | style="width: 50%; vertical-align: top;" |-->

EXHIBIT A
[DESCRIPTION]

|- | style="width: 50%; vertical-align: top;" |-->

EXHIBIT B
[DESCRIPTION]

|}

<gdoc id="1KOEw-28Ibq6UXXGXUR1ueQLEw49GEIaSwMxOX6KErHo" width="750" height="1000" />

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