Generic Charter Application (Precedent): Difference between revisions
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Revision as of 15:44, 20 February 2019
Charter Application
Generic
NOTICE OF CHARTER APPLICATION | AFFIDAVIT (CHARTER) |
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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 [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. [List sections of charter: e.g. 7, 8, 11(d)] of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case. 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 or an Order for the Stay of Proceedings under s. 24(1) of the Charter] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: By service in accordance with the appropriate Rules of Court, at
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ TO: [Provincial/Federal Crown Attorney] [Internal File Code] |
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 Code] |