Precedent - Disclosure-related Filings: Difference between revisions
Line 18: | Line 18: | ||
'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:''' | '''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:''' | ||
# Upon request of the accused, the Crown is obligated to disclose all records in its possession are that are the fruits of the investigation unless they are clearly irrelevant or protected by privilege: ''R v Stinchcombe'', [1991] 3 SCR 326 | # Upon request of the accused, the prosecuting Crown is obligated to disclose ''all records'' in its possession are that are the fruits of the investigation unless they are clearly irrelevant or protected by privilege: ''R v Stinchcombe'', [1991] 3 SCR 326. | ||
# Any material that has a "reasonable possibility" could be used for full answer and defence will be considered sufficiently relevant to engage the disclosure obligation: ''R v'' ''Chaplin'', [1995] 1 SCR 727. | |||
# The prosecuting Crown must make known to the accused the existence of any material in their possession that is held-back from disclosure: ''Barbour'', 2017 ABCA 231 (CanLII) | |||
# [grounds consisting of reasons for granting the relief and alleged facts] | # [grounds consisting of reasons for granting the relief and alleged facts] | ||
# ... | # ... | ||
Line 26: | Line 28: | ||
# [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] | ||
# Crown brief/sheet, witness list, witness statements (transcribed or summarized) | |||
# ... | # ... | ||
# Any additional evidence as counsel may advise and this Honourable Court may permit. | # Any additional evidence as counsel may advise and this Honourable Court may permit. | ||
Line 58: | Line 61: | ||
{{WHEREAS Charges}} | {{WHEREAS Charges}} | ||
'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order of | '''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order of production pursuant to ''R v O'Connor'', [1995] 4 SCR 411, for the following records to be produced to the accused: | ||
## [list relevant records by description or content] | ## [list relevant records by description or content] | ||
Revision as of 09:07, 8 April 2021
Stinchcombe Application
NOTICE OF APPLICATION UNDER STINCHCOMBE |
---|
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF 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 at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order that pursuant to R v Stinchcombe, [1991] 3 SCR 326, for the following records to be disclosed to the accused:
THE APPLICANT RELIES ON THE FOLLOWING 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___.
[Internal File Coding] |
O'Connor Application
NOTICE OF APPLICATION UNDER O'CONNOR |
---|
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF 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 at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order of production pursuant to R v O'Connor, [1995] 4 SCR 411, for the following records to be produced to the accused:
THE APPLICANT RELIES ON THE FOLLOWING 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___.
[Internal File Coding] |
McNeil Application
Undertakings
Undertaking When Disclosing Sensitive Electronically Materials |
---|
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
UNDERTAKING I, ________________________________, Defence Counsel for ______________________________ in relation to Criminal charges under Section(s) ______________________ arising on or between (insert date here)_________________________, by accepting receipt of (insert device name here) ____________________ (hereinafter “device”) do hereby undertake as follows:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________
_________________________________________
|