Section 8 Application (Precedent): Difference between revisions
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{{seealso|Standard of Review of a Judicial Authorization}} | {{seealso|Standard of Review of a Judicial Authorization}} | ||
===Warrantless=== | |||
{|class="wikitable" style="width:650px; background-color:white; " | {|class="wikitable" style="width:650px; background-color:white; " | ||
! NOTICE OF CHARTER APPLICATION | ! NOTICE OF CHARTER APPLICATION | ||
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<gdoc id="17q49UYPuZHnZNlvzpo4bbGHlMixO7kCOwosNojFm7qs" width="750" height="1000" /> | <gdoc id="17q49UYPuZHnZNlvzpo4bbGHlMixO7kCOwosNojFm7qs" width="750" height="1000" /> | ||
===Warrant=== | |||
{|class="wikitable" style="width:650px; background-color:white; " | |||
! NOTICE OF CHARTER APPLICATION | |||
|- | |||
| style="width: 50%; vertical-align: top;" | | |||
{{Style of Cause (Charter)}} | |||
{{TITLE|NOTICE OF CHARTER APPLICATION|Section 8 of the Charter}} | |||
{{WHEREAS Charges}} | |||
{{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 that the Applicant's rights under s. 8 of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) of the ''Charter''.{{I-End}} | |||
{{WHEREAS Charges}} | |||
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS'''{{I-End}} | |||
# [enumerate the principles that apply to the circumstances] | |||
# Any additional grounds as counsel may advise and this Honourable Court may permit. | |||
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS'''{{I-End}} | |||
# [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances] | |||
# Any additional grounds as counsel may advise and this Honourable Court may permit. | |||
{{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] | |||
# Any additional grounds as counsel may advise and this Honourable Court may permit. | |||
{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | |||
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] | |||
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}} | |||
In accordance with the appropriate Rules of Court, | |||
{{CounselAddress}} | |||
{{DATED}} | |||
{{CounselSignature}} | |||
'''TO:''' [Provincial/Federal Crown Attorney] | |||
{{InternalCode}} | |||
|} | |||
<gdoc id="xxx" width="750" height="1000" /> | |||
==Affidavit== | ==Affidavit== |
Revision as of 09:12, 29 April 2021
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice
Warrantless
NOTICE OF CHARTER APPLICATION |
---|
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. 8 of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) 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] 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] |
<gdoc id="17q49UYPuZHnZNlvzpo4bbGHlMixO7kCOwosNojFm7qs" width="750" height="1000" />
Warrant
NOTICE OF CHARTER APPLICATION |
---|
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. 8 of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) 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] 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] |
<gdoc id="xxx" width="750" height="1000" />
Affidavit
AFFIDAVIT (CHARTER) |
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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] |
[DESCRIPTION] |
[DESCRIPTION] |
<gdoc id="1kin8u8VQ2ovH6qAdaOoP1-BmxND9-Y6lmj5onz1z7zY" width="750" height="1000" />