Precedent - Section 11(b) Application: Difference between revisions
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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 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-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}} | {{WHEREAS Charges}} | ||
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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] | ||
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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. | ||
'''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, | ||
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{{InternalCode}} | {{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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Latest revision as of 21:04, 28 April 2021
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Notice
NOTICE OF CHARTER APPLICATION |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – 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
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: [Provincial/Federal Crown Attorney] [Internal File Coding] |
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Affidavit
AFFIDAVIT (CHARTER) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |
<gdoc id="1yg41_gi0_6sXa0_ZVNandNmoccPj2vSgeX3zpO4OxiU" width="750" height="1000" />