Section 278.3 Application (Precedent): Difference between revisions

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==Section 278.3==
{{HeaderTemplates}}
{{Precedent Terms of Use}}
 
==Notice==
{{seealso|Production of Records for Sexual Offences}}
{{seealso|Production of Records for Sexual Offences}}


{|class="wikitable" style="width:650px; background-color:white; "
<!--{|class="wikitable" style="width:650px; background-color:white; "
! NOTICE OF S. 278.3 APPLICATION
! NOTICE OF S. 278.3 APPLICATION
|-
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |-->
{{Style of Cause (Charter)}}
{{Style of Cause (Charter)}}


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{{WHEREAS Charges}}
{{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 granting leave for the Applicant to question the complainant on matters protected by s. 278.3 of the ''Criminal Code''.
{{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 granting leave for the Applicant to question the complainant on matters protected by s. 278.3 of the ''Criminal Code''.{{I-End}}


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


# [give a narrative of the relevant portions of the offence that relates to the issue]
# [give a narrative of the relevant portions of the offence that relates to the issue]
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Any additional grounds as counsel may advise and this Honourable Court may permit.
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:'''
{{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]
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]


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


An Order pursuant to s. 278.3 of the ''Criminal Code'' granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”]
An Order pursuant to s. 278.3 of the ''Criminal Code'' granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”]


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


In accordance with the appropriate Rules of Court,  
In accordance with the appropriate Rules of Court,  
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{|class="wikitable" style="width:650px; background-color:white; "
==Affidavit==
<!--{|class="wikitable" style="width:650px; background-color:white; "
! AFFIDAVIT (S. 278.3)
! AFFIDAVIT (S. 278.3)
|-
|-
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| style="width: 50%; vertical-align: top;" |-->
{{Style of Cause (Charter)}}
{{Style of Cause (Charter)}}


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==Waiver==
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! WAIVER OF 278.1 PROTECTIONS
|-
| style="width: 50%; vertical-align: top;" |-->
{{TITLE|WAIVER OF RIGHTS HOLDER|(Private Records Under s. 278.1 to 278.91 of the Criminal Code)}}
I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:<br><br>
_______________________________________________________________________________<br><br>
_______________________________________________________________________________<br><br>
_______________________________________________________________________________<br><br>
; Informed Waiver
* I understand that there are rules that protect certain records under s. 278.1 to 278.91 of the ''Criminal Code'' for which I have a reasonable expectation of privacy.
* I understand that I do not need to consent to the disclosure of the records. However, the accused has the right to bring an application to order the disclosure of these records.
* I understand that by disclosing these records, they will no longer be private and may be tendered before a court in the course of a trial.
; Legal Advice (Check one)
* {{Box}} I have received independent legal advice
* {{Box}} I have declined to receive independent legal advice
; Consent
* I ______________________ consent to these records being disclosed by the Prosecuting Crown to the accused and his/her counsel for the purpose of preparing for criminal proceedings against _________________ (accused name).
<span style="display:inline-block; width: 300px;"></span>_____________________________ <br>
<span style="display:inline-block; width: 300px;"></span>Protected Party<br><br>
<span style="display:inline-block; width: 300px;"></span>_____________________________ <br>
<span style="display:inline-block; width: 300px;"></span>Signature<br><br>
<span style="display:inline-block; width: 300px;"></span>_____________________________ <br>
<span style="display:inline-block; width: 300px;"></span>Date
|}
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Latest revision as of 21:58, 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

See also: Production of Records for Sexual Offences

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF APPLICATION
(Pursuant to Section 278.3 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 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 granting leave for the Applicant to question the complainant on matters protected by s. 278.3 of the Criminal Code.

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS

  1. [give a narrative of the relevant portions of the offence that relates to the issue]
  2. ...

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]

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order pursuant to s. 278.3 of the Criminal Code granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”]

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___.

_____________________________
[name of applicant]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

|} <gdoc id="1mLwX2wEIIrAdauI-Iu1k2U91kh8vj4az8bpU2B51ldo" 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]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath 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] |- |} <gdoc id="1BJMji5lixfBrONT83ci6h2cz_ZIJlQkr-fd7OA0rd2I" width="750" height="1000" />

Waiver

WAIVER OF 278.1 PROTECTIONS
-->



WAIVER OF RIGHTS HOLDER
(Private Records Under s. 278.1 to 278.91 of the Criminal Code)




I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Informed Waiver
  • I understand that there are rules that protect certain records under s. 278.1 to 278.91 of the Criminal Code for which I have a reasonable expectation of privacy.
  • I understand that I do not need to consent to the disclosure of the records. However, the accused has the right to bring an application to order the disclosure of these records.
  • I understand that by disclosing these records, they will no longer be private and may be tendered before a court in the course of a trial.
Legal Advice (Check one)
  • I have received independent legal advice
  • I have declined to receive independent legal advice
Consent
  • I ______________________ consent to these records being disclosed by the Prosecuting Crown to the accused and his/her counsel for the purpose of preparing for criminal proceedings against _________________ (accused name).


_____________________________
Protected Party

_____________________________
Signature

_____________________________
Date

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