Precedent - Application to Unseal Judicial Authorization

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Unsealing Records

Application to Unseal Court 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] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; AND IN THE MATTER OF: An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence; NOTICE OF APPLICATION (Ex Parte) TAKE NOTICE that an Application is being sought for an Order granting the variation of the sealing orders to permit full access to the reocrds by members of the public. THE APPLICANT RELIES ON THE FOLLOWING GROUNDS: The initial sealing order was granted on application of the investigator. The basis for the application was to protect an ongoing investigation into the alleged criminal activity of [accused] concerning [charges]. The judicial authorization was executed on [date]. The investigation has concluded and charges were laid on [date]. The legal presumption remains against the continued sealing of any record, and must be justified by the party seeking that the record remain sealed. The basis for which the initial sealing order was granted no longer exists. There are no other lawful reasons, including privilege, which exists to justify further sealing of the records. 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: A copy of the charging [information/indictment] dated [date]; A opcy ofhet affidavit of [investigation], dated [date]; THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order unselaing the following Sealing Orders: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding]
Affidavit
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] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; AND IN THE MATTER OF: An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence; 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. I am the lead investigator in the matter of Her Majesty the Queen versus [Accused name] (DOB: [date of birth]) concerning offences pursuant to section(s) [list sections] of the Criminal Code occurring on or about/between [date(s) of offence]. I was the affiant who applied and was granted [a] judicial authorization(s) on [date(s)]. The authorization(s) [was/were] executed on [date(s)]. The investigation was concluded and charges were laid on [date]. I am familiar with the following [production orders/search warrants], including their supporting ITOs and sealing orders: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court I understand that the above-listed orders and supporting documents were sealed on the basis of protecting an ongoing investigation. The investigation has now concluded the laying of charges; I am not aware of any basis that currently exists that would justify ongoing sealing of any of the records. 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] )
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] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; AND IN THE MATTER OF: An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence; ORDER (Section 487.3 of the Criminal Code) Before the Honourable Judge/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 affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court AND WHEREAS the authorizations were executed on or about [date]. UPON THE APPLICATION made by counsel for Her Majesty the Queen, [name of counsel], for an Order to vary the above-noted sealing orders so as to allow access to the judicial authorizations and supporting Informations to Obtain; UPON READING the affidavit of [investigator affidavit] dated [date]; IT IS ORDERED that the Sealing Orders referred to above shall be varied to allow for the release of all judicial authorization materials at issue including the supporting Information to Obtain after being subject to vetting by the Crown. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Judge of the [Level] Court of [Province]