Precedent - Section 276 Application: Difference between revisions

Latest revision as of 21:41, 28 April 2021

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

Accused Application

Notice to Admit Evidence Under Section 276
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 INTENTION TO ADDUCE EVIDENCE OF COMPLAINANT'S SEXUAL ACTIVITY *(Pursuant to Section 276(2) of 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; WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. 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. 276 of the Criminal Code. TAKE NOTICE that pursuant to the provisions of section 276(2) of the Criminal Code at the forthcoming trial upon these charges, the Crown will introduce evidence, the particulars are as follows: ______________________________________ ______________________________________ ______________________________________ THE APPLICANT RELIES ON THE FOLLOW GROUNDS [grounds consisting of reasons for granting the relief and alleged facts] ... 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] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order pursuant to s. 276 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___. _________________________________ [Counsel's name] [Counsel's title] TO: [Provincial/Federal Crown Attorney] [Internal File Coding]

Affidavit

AFFIDAVIT (S. 276)

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]

@@ Line 16: / Line 16: @@
 {{WHEREAS Trial}}
-'''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. 276 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. 276 of the ''Criminal Code''.{{I-End}}
-'''TAKE NOTICE''' that pursuant to the provisions of section 276(2) of the ''Criminal Code'' at the forthcoming trial upon these charges, the Crown will introduce evidence, the particulars are as follows:
+{{I-Start}}'''TAKE NOTICE''' that pursuant to the provisions of section 276(2) of the ''Criminal Code'' at the forthcoming trial upon these charges, the Crown will introduce evidence, the particulars are as follows:{{I-End}}
 # ______________________________________
 # ______________________________________
@@ 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 36: / Line 36: @@
 # Any additional evidence 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 pursuant to s. 276 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,
@@ Line 74: / Line 74: @@
 |-
 |}
-<gdoc id="xx" width="750" height="1000" />
+<gdoc id="1hxMdaelbRJsVYu0WcQ5FnYaELMnpPZsDFD3qAP_Tcqw" width="750" height="1000" />