Precedent - Application to Unseal Judicial Authorization

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Notice

Version 1

Application to Unseal Court Records

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] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to vary an order to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; NOTICE OF APPLICATION (Ex Parte) TAKE NOTICE that an Application is being made for an Order granting the variation of the sealing orders to permit full access to the records by members of the public. 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 GROUNDS The initial sealing order was granted on application of the investigator. The basis for the application was to protect an ongoing investigation into the alleged criminal activity of [accused] concerning [charges]. The judicial authorization was executed on [date]. The investigation has concluded and charges were laid on [date]. The legal presumption remains against the continued sealing of any record and must be justified by the party seeking that the record remains sealed. The basis for which the initial sealing order was granted no longer exists. There are no other lawful reasons, including privilege, which exists to justify further sealing of the records. 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: A copy of the charging [information/indictment] dated [date]; A copy of the affidavit of [investigation], dated [date]; THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order unsealing the following Sealing Orders: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding]

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Version 2

CANADA PROVINCE OF [province] [county]

IN THE [level of court] OF [province]

IN THE MATTER OF: A criminal investigation pursuant to the Criminal Code

AND IN THE MATTER OF: An Application pursuant to Section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining Authorizations pursuant to sections 487.1, 487.01, 487.014, 492.1(2),492.2(1) and 529.1 of the Criminal Code

AND IN THE MATTER OF : An ex parte Application to vary the “Sealing Orders” for the purpose of enabling the Crown to make disclosure to the Defence pursuant to s. 487.3(4) of the Criminal Code

APPLICATION

Application is hereby made by [counsel's name], for an order allowing access to sealed packages for the purposes of the Crown complying with its disclosure obligations in criminal proceedings.

In support of the Application the Applicant relies upon the affidavit of [crown counsel] sworn on the [date].

DATED at [place and date].

________________________________ [name]

Affidavit

Affidavit

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] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; AND IN THE MATTER OF: An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence; 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. I am the lead investigator in the matter of His Majesty the King versus [Accused name] (DOB: [date of birth]) concerning offences pursuant to section(s) [list sections] of the Criminal Code occurring on or about/between [date(s) of offence]. I was the affiant who applied and was granted [a] judicial authorization(s) on [date(s)]. The authorization(s) [was/were] executed on [date(s)]. The investigation was concluded and charges were laid on [date]. I am familiar with the following [production orders/search warrants], including their supporting ITOs and sealing orders: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court I understand that the above-listed orders and supporting documents were sealed by the authorizing Justice at the same time as the main authorization on the basis of protecting an ongoing investigation. The investigation has now concluded with the laying of charges; I am not aware of any basis that currently exists that would justify ongoing sealing of any of the records. 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]

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Order

Version 1

Order

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] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to vary an order to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; ORDER (Section 487.3/487.0191 of the Criminal Code) Before the Honourable Judge/Justice Presiding: WHEREAS on [date], a justice of the peace granted multiple judicial authorizations under [section] of the Criminal Code in relation to a criminal investigation for offence contrary to section(s) [list sections] of the Criminal Code. AND WHEREAS the affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court AND WHEREAS the authorizations were executed on or about [date]. UPON THE APPLICATION made by counsel for His Majesty the King, [name of counsel], for an Order to vary the above-noted sealing orders so as to allow access to the judicial authorizations and supporting Informations to Obtain; UPON READING the affidavit of [investigator affidavit] dated [date]; IT IS ORDERED that the Sealing Orders referred to above shall be varied to allow for the release of all judicial authorization materials at issue including the supporting Information to Obtain after being subject to vetting by the Crown. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Judge of the [Level] Court of [Province] [Internal File Coding]

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Version 2

A PROVINCE OF [province] COUNTY of [county] IN THE [court] OF [province]

IN THE MATTER OF: A criminal investigation pursuant to the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3(1) of the Criminal Code to vary an order to prohibit disclosure of information filed in support of obtaining a Search Warrant pursuant to the Criminal Code;

________________________________________

SEALING ORDER (Section 487.3 of the Criminal Code)

________________________________________

Before the Honourable Justice Presiding:

WHEREAS on [date], Justice [name] granted a judicial authorization under 487 of the Criminal Code to search a [location] in relation to a criminal investigation for offence contrary to sections [sections] of the Criminal Code;

AND WHEREAS the affiant applied for and was granted a Sealing Order on [date], sealing the Information to Obtain for the Warrant;

AND WHEREAS the investigation into the allegations is ongoing and publicity may impact the police efforts to identify additional suspects and victims;

UPON THE APPLICATION made by counsel for His Majesty the King, [name], for an Order to vary the above-noted sealing orders so as to allow access to the Information to Obtain;

IT IS ORDERED that the Sealing Orders referred to above shall be varied to allow for the release a copy of [record].

DATED at [location], in the Province of [province], this _____ day of _____________, 202__.

_________________________________________________ Justice of the [level of court] of [province]

Version 3

A PROVINCE OF [province] COUNTY of [county] IN THE [court] OF [province]

IN THE MATTER OF: A criminal investigation pursuant to the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3(1) of the Criminal Code to vary an order to prohibit disclosure of information filed in support of obtaining a Search Warrant pursuant to the Criminal Code; AND IN THE MATTER OF : An ex parte Application to vary the “Sealing Order” for the purpose of enabling the Crown to make disclosure to the Defence pursuant to s. 487.3(4) of the Criminal Code; ________________________________________

SEALING ORDER (Section 487.3 of the Criminal Code)

________________________________________

Before the Honourable Justice Presiding:

UPON the ex parte application of [counsel], to vary the sealing order made in respect of the issuance of the following authorization pursuant to section 487.05(1), of the Criminal Code so that it may be unsealed, edited and provided to defence counsel for disclosure:

Type of Authorization Number Authorizing Judge 1 DNA Warrant s.487.05(1)

AND UPON BEING SATISFIED that it is in the best interests of justice to vary the sealing order;

THIS COURT ORDERS that the Sealing Order be varied to provide as follows:

1. The packet containing the authorization, Information to Obtain and report to justice shall be unsealed, and a copy shall be provided to counsel for the Crown so that it may be reviewed, vetted and disclosed as appropriate to counsel for the accused.
2. The unedited authorization, Information to Obtain and report to justice shall be resealed in the original packet subject to further order of the Court.
3. A copy of this Order and all previous sealing orders shall be affixed to the outside of the sealed packets which contains the sealed documents.

DATED at [location], in the Province of [province], this _____ day of _____________, 202__.

_________________________________________________ Justice of the [level of court] of [province]