Lavallee Application (Precedent): Difference between revisions

From Criminal Law Notebook
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==Notice==
==Notice==
===Notice of Application===
===Notice of Application===
{{seealso|Searches Intruding on Solicitor-Client Privilege}}
{{seealso|Searches Intruding on Solicitor-Client Privilege|Law Office Searches}}
{|class="wikitable" style="width:650px; background-color:white"
{|class="wikitable" style="width:650px; background-color:white"
! Application to Access Presumed Privilege Records
! Application to Access Presumed Privilege Records

Revision as of 20:36, 7 July 2021

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

Notice of Application

See also: Searches Intruding on Solicitor-Client Privilege and Law Office Searches
Application to Access Presumed Privilege 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]




NOTICE OF APPLICATION
(Pursuant to R v Lavallee)




TAKE NOTICE that an Application is being sought for an Order granting the release ....

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS

  1. ...
  2. 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:

  1. ...

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order...

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_______________________________ [Counsel's name] [Counsels title]

[Internal File Coding]

<gdoc id="xxxx" width="750" height="1000" />


Order

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]




ORDER
(Pursuant to Lavallee)




Before the Honourable 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 appropriate persons have been notified;

UPON THE APPLICATION by counsel for Her Majesty the Queen, [name of counsel], for ....;

UPON READING the affidavit of [investigator affidavit] dated [date];

IT IS ORDERED that the ....

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________________________ Justice of the [Level of Court] of [Province]

[Internal File Coding]

<gdoc id="xxxx" width="750" height="1000" />