Generic Charter Application (Precedent): Difference between revisions
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==Challenge to Legislation== | ==Challenge to Legislation== | ||
==Section11 (b): Delay== | |||
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! NOTICE OF CHARTER APPLICATION AND CONSTITUTIONAL QUESTION | |||
! XXXXX | |||
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{{Style of Cause (Charter)}} | |||
{{TITLE|NOTICE OF APPLICATION AND CONSTITUTIONAL QUESTION|Re: Constitutionality of Section XXX{{CCC}}; Section YYY{{CCRF}}; and Section 52(1) of the ''Constitution Act'', 1982}} | |||
{{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 a declaration that section XXX{{CCC}} is of no force and effect to the extent that it [describe the unconstitutional effect of the law]. | |||
'''AND TAKE NOTICE''' that on the hearing of the application, the Applicant will be alleging infringement of [his/her] rights pursuant to section YYY{{CCRF}}, particulars of which are described below. | |||
'''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, | |||
{{CounselAddress}} | |||
{{DATED}} | |||
{{CounselSignature}} | |||
'''TO:''' [Provincial/Federal Crown Attorney] | |||
'''AND TO:''' [Provincial Attorney General] | |||
'''AND TO:''' [Attorney General of Canada] | |||
{{InternalCode}} | |||
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Revision as of 15:24, 19 January 2021
Generic
NOTICE OF CHARTER APPLICATION | AFFIDAVIT (CHARTER) |
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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. [List sections of charter: e.g. 7, 8, 11(d)] of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case. 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] |
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] |
Section 7: Abuse of Process
Section 8: Search and Seizure
Section11 (b): Delay
NOTICE OF CHARTER APPLICATION | AFFIDAVIT (CHARTER) |
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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(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. 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] |
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] |
Challenge to Legislation
Section11 (b): Delay
NOTICE OF CHARTER APPLICATION AND CONSTITUTIONAL QUESTION | XXXXX |
---|---|
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION AND CONSTITUTIONAL QUESTION 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 a declaration that section XXX of the Criminal Code is of no force and effect to the extent that it [describe the unconstitutional effect of the law]. AND TAKE NOTICE that on the hearing of the application, the Applicant will be alleging infringement of [his/her] rights pursuant to section YYY of the Charter of Rights and Freedoms, particulars of which are described below. 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] AND TO: [Provincial Attorney General] AND TO: [Attorney General of Canada] [Internal File Coding] |
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