Precedent - Application for Severance: Difference between revisions
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{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS'''{{I-End}} | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS'''{{I-End}} | ||
# The burden is upon the applicant to establish that it is in the "interests of justice" to separate the counts into separate trials; | # The burden is upon the applicant to establish that it is in the "interests of justice" to separate the counts into separate trials; | ||
# The "interests of justice" captures the interests of the accused, the Crown, broad-based societal concerns, the truth-seeking function of the courts, and the integrity of the process: R v Beaulac, [1999] 1 | # The "interests of justice" captures the interests of the accused, the Crown, broad-based societal concerns, the truth-seeking function of the courts, and the integrity of the process: R v Beaulac, [1999] 1 SCR 768; R v Owen, 2003 SCC 33, at para. 52; R v Last, 2009 SCC 45, at para. 16; R. v. Cowan, 2021 SCC 45, at para. 63. | ||
# The factors to consider include (Last, para 18): | # The factors to consider include (Last, para 18): | ||
## general prejudice to the fair trial rights of the accused; | ## general prejudice to the fair trial rights of the accused; | ||
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{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS'''{{I-End}} | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS'''{{I-End}} | ||
# | # ... | ||
{{APP-EVIDENCE-GROUNDS}} | {{APP-EVIDENCE-GROUNDS}} | ||
{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | {{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | ||
# | # ... | ||
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}} | {{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}} |
Latest revision as of 22:32, 20 November 2024
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Notice
Notice to Sever |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF APPLICATION TO SEVER COUNTS 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; AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. AND WHEREAS the Crown intends to call evidence from complainants AB, CD, and EF.
TAKE NOTICE that pursuant to s. 591(3) of the Criminal Code and common law set out in R v Last, 2009 SCC 45, the accused seeks to sever the counts on the informnation/indictment as follows:
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:
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___.
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Affidavit
AFFIDAVIT |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |