Section 8 Application (Precedent)

• < Precedents, Court Forms and Checklists
• < Precedents

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

Warrantless

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent

---

NOTICE OF CHARTER APPLICATION
Section 8 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;

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

1. [enumerate the principles that apply to the circumstances]
2. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS

1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
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. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
2. Any additional grounds as counsel may advise and this Honourable Court may permit.

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]
[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: [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# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Applicant – and – HIS MAJESTY THE KING Respondent NOTICE OF CHARTER APPLICATION Section 8 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; 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 [enumerate the principles that apply to the circumstances] Any additional grounds as counsel may advise and this Honourable Court may permit. THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS [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. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [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. 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] [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: [Provincial/Federal Crown Attorney] [Internal File Coding]

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

Affidavit

AFFIDAVIT (CHARTER)
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Applicant – and – HIS MAJESTY THE KING Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]
EXHIBIT A [DESCRIPTION]
EXHIBIT B [DESCRIPTION]

<gdoc id="1kin8u8VQ2ovH6qAdaOoP1-BmxND9-Y6lmj5onz1z7zY" width="750" height="1000" />