Precedent - Application for Publication Ban

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Notice of Application

NOTICE TO APPLICATION FOR A PUBLICATION BAN

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 TO APPLICATION FOR A PUBLICATION BAN (Common Law/486.4/etc) 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; AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. TAKE NOTICE that before a Presiding Justice of the [name of inferior/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse], the ... THE APPLICANT RELIES ON THE FOLLOWING GROUNDS ... … Any additional grounds as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An order granting ... FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: [parties requiring notice] [contact info] AND TO: [other necessary parties] [contact info] cc. [other party where notice not legally required such as co-counsel, etc.]

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Draft Order

DRAFT ORDER FOR A BAN ON PUBLICATION

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 FOR A BAN ON PUBLICATION (Pursuant to Section [x] of the Criminal Code/Common Law) BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province]. UPON the Application of counsel for [party] for an order pursuant to section [x] of the Criminal Code to ...; 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; AND UPON IT APPEARING that ... . AND WHEREAS I am satisfied that the ends of justice require that this Order be made; IT IS HEREBY ORDERED that ....; DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [name of title and judge] TO: [Peace officer / sherriff] [address] AND TO: Person in Charge of the detention facility [address] [Internal File Coding]

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