Lavallee Application (Precedent): Difference between revisions

Revision as of 12:21, 22 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.

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 made for an Order granting the release .... THE APPLICANT RELIES ON THE FOLLOWING GROUNDS ... 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: ... THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order... DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding]

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: 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. UPON THE APPLICATION by counsel for Her Majesty the Queen, [name of counsel], for ....; UPON READING the affidavit of [investigator affidavit] dated [date]; AND UPON BEING SATISIFIED the appropriate persons have been duly notified of these proceedings; 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]

@@ Line 58: / Line 58: @@
 {{I-Start}}'''WHEREAS''' on [date], a justice of the peace granted multiple judicial authorizations under [section]{{CCC}} in relation to a criminal investigation for offence contrary to section(s) [list sections]{{CCC}}.{{I-End}}
-{{I-Start}}'''AND WHEREAS''' the appropriate persons have been notified;{{I-End}}
 {{I-Start}}'''UPON THE APPLICATION''' by counsel for Her Majesty the Queen, [name of counsel], for ....;{{I-End}}
 {{I-Start}}'''UPON READING''' the affidavit of [investigator affidavit] dated [date];{{I-End}}
+{{I-Start}}'''AND UPON BEING SATISIFIED''' the appropriate persons have been duly notified of these proceedings;{{I-End}}
 {{I-Start}}'''IT IS ORDERED''' that the ....{{I-End}}