Generic Charter Application (Precedent): Difference between revisions

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


==Generic==
==Notice of Charter Application==
{|class="wikitable" style="width:1400px; background-color:white; "
 
<!--
{|class="wikitable" style="width:650px; background-color:white; "
! NOTICE OF CHARTER APPLICATION
! NOTICE OF CHARTER APPLICATION
! AFFIDAVIT (CHARTER)
 
|-
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |-->
 
{{Publication Ban|}}
{{Style of Cause (Charter)}}
{{Style of Cause (Charter)}}


Line 14: Line 18:
{{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 that the Applicant's rights under s. [List sections of charter: e.g. 7, 8, 11(d)] of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case.
{{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. [List sections of charter: e.g. 7, 8, 11(d)] of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case.{{I-End}}


{{APP-LEGAL-GROUNDS}}
{{APP-LEGAL-GROUNDS}}
Line 22: Line 26:
{{APP-EVIDENCE-GROUNDS}}
{{APP-EVIDENCE-GROUNDS}}


'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
{{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]
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]


'''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,  
Line 34: Line 38:


{{CounselSignature}}
{{CounselSignature}}
{{CounselContact}}


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


{{InternalCode}}
{{InternalCode}}
<!--
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |
{{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}}
|-
|-
|}
! style=width:250px;background-color:#FFFFFF|  
 
! style=width:250px;background-color:#FFFFFF;text-align:left;|
==Section 7: Abuse of Process==
 
 
==Section 8: Search and Seizure==


 
{{Publication Ban|}}
==Section11 (b): Delay==
{|class="wikitable" style="width:1400px; background-color:white; "
! NOTICE OF CHARTER APPLICATION
! AFFIDAVIT (CHARTER)
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Charter)}}
{{Style of Cause (Charter)}}


{{TITLE|NOTICE OF CHARTER APPLICATION| }}
{{TITLE|NOTICE OF CHARTER APPLICATION| }}
{{Para-Narrow}}
<br>
<span style="display:inline-block; width: 200px;"></span>'''FIRM NAME LLP'''<br>
<span style="display:inline-block; width: 200px;"></span><civic address><br>
<span style="display:inline-block; width: 200px;"></span><city, province><br>
<span style="display:inline-block; width: 200px;"></span><postal code><br>
<span style="display:inline-block; width: 200px;"></span> <br>
<span style="display:inline-block; width: 200px;"></span>''Counsel for the Applicant''<br>
{{Para-Narrow-End}}


{{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. 11(d) 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''.
{{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]
# 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.
'''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]
# 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.
'''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 or an Order for the Stay of Proceedings under s. 24(1) 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]
{{InternalCode}}
| style="width: 50%; vertical-align: top;" |
{{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}}
|-
|}
|}


==Challenge to Legislation==
==Section11 (b): Delay==
{|class="wikitable" style="width:1400px; background-color:white; "
! NOTICE OF CHARTER APPLICATION AND CONSTITUTIONAL QUESTION
! XXXXX
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Charter)}}
{{TITLE|NOTICE OF APPLICATION AND CONSTITUTIONAL QUESTION|Re: Constitutionality of Section XXX{{CCC}}; Section YYY{{CCRF}}; and Section 52(1) of the ''Constitution Act'', 1982}}
{{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 a declaration that section XXX{{CCC}} is of no force and effect to the extent that it [describe the unconstitutional effect of the law].
'''AND TAKE NOTICE''' that on the hearing of the application, the Applicant will be alleging infringement of [his/her] rights pursuant to section YYY{{CCRF}}, particulars of which are described below.
'''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]
# 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.
'''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]
# 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.
'''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 or an Order for the Stay of Proceedings under s. 24(1) 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]
'''AND TO:''' [Provincial Attorney General]
'''AND TO:''' [Attorney General of Canada]
{{InternalCode}}
| style="width: 50%; vertical-align: top;" |
|-
|}
|}
-->
<gdoc id="1z2AbMRrMqvOS6G6N5dLA7DQtXq0idaVzAlC9ILYjRxM" width="750" height="1000" />

Latest revision as of 14:32, 25 September 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 of Charter Application

PUBLICATION BAN
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban.


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 CHARTER APPLICATION



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 that the Applicant's rights under s. [List sections of charter: e.g. 7, 8, 11(d)] of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case.

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

  1. [enumerate the principles that apply to the circumstances]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. ...
  3. 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:

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]

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]


FIRM NAME LLP
<civic address>
<city, province>
<postal code>

Counsel for the Applicant

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

<gdoc id="1z2AbMRrMqvOS6G6N5dLA7DQtXq0idaVzAlC9ILYjRxM" width="750" height="1000" />

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