Section 11(b) Application (Precedent): Difference between revisions

Latest revision as of 21:51, 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]

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. 11(b) 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 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;

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,

[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: [Provincial/Federal Crown Attorney]

[Internal File Coding] |}

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:

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.

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="1yg41_gi0_6sXa0_ZVNandNmoccPj2vSgeX3zpO4OxiU" width="750" height="1000" />

@@ Line 1: / Line 1: @@
+{{HeaderTemplates}}
-==Section11 (b): Delay==
+{{Precedent Terms of Use}}
 ==Notice==
-{|class="wikitable" style="width:650px; background-color:white; "
+<!--{|class="wikitable" style="width:650px; background-color:white; "
 ! NOTICE OF CHARTER APPLICATION
 |-
-| style="width: 50%; vertical-align: top;" |
+| style="width: 50%; vertical-align: top;" |-->
 {{Style of Cause (Charter)}}
@@ Line 13: / Line 13: @@
 {{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''.
+{{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. 11(b) 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}}
-'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:'''
+{{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.
-'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:'''
+{{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]
@@ Line 30: / Line 30: @@
 # 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]
@@ Line 38: / Line 38: @@
 # Any additional grounds as counsel may advise and this Honourable Court may permit.
-'''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]
-'''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,
@@ Line 55: / Line 55: @@
 {{InternalCode}}
 |}
+<gdoc id="1WffGS1ujX8epbLRSWA5qSXcP__7pZfD9OdXAq8Osjjw" width="750" height="1000" />
 ==Affidavit==
-{|class="wikitable" style="width:650px; background-color:white; "
+<!--{|class="wikitable" style="width:650px; background-color:white; "
 ! AFFIDAVIT (CHARTER)
 |-
-| style="width: 50%; vertical-align: top;" |
+| style="width: 50%; vertical-align: top;" |-->
 {{Style of Cause (Charter)}}
@@ Line 73: / Line 76: @@
 {{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="1yg41_gi0_6sXa0_ZVNandNmoccPj2vSgeX3zpO4OxiU" width="750" height="1000" />