Precedent - Disclosure-related Filings: Difference between revisions
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==Stinchcombe Application== | |||
{|class="wikitable" style="width:650px; background-color:white; " | |||
! NOTICE OF APPLICATION UNDER STINCHOMBE | |||
|- | |||
| style="width: 50%; vertical-align: top;" | | |||
{{Style of Cause}} | |||
{{TITLE|NOTICE OF APPLICATION|Disclosure Pursuant to ''R v Stinchcombe''}} | |||
{{WHEREAS Charges}} | |||
'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order that pursuant to ''R v Stinchcombe'', [1991] 3 SCR 326, for the following records to be disclosed to the accused: | |||
## [list relevant records] | |||
'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:''' | |||
# Upon request of the accused, the Crown is obligated to disclose all records in its possession are that are the fruits of the investigation unless they are clearly irrelevant or protected by privilege: ''R v Stinchcombe'', [1991] 3 SCR 326 | |||
# [grounds consisting of reasons for granting the relief and alleged facts] | |||
# ... | |||
# 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 evidence as counsel may advise and this Honourable Court may permit. | |||
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:''' | |||
# An Order allowing the Application and granting [describe the type of order and terms of the order] | |||
'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:''' | |||
In accordance with the appropriate Rules of Court, | |||
{{CounselAddress}} | |||
{{DATED}} | |||
{{CounselSignature}} | |||
{{CarbonCopy}} | |||
{{InternalCode}} | |||
|} | |||
==O'Connor Application== | |||
{|class="wikitable" style="width:650px; background-color:white; " | |||
! NOTICE OF APPLICATION UNDER O'CONNOR | |||
|- | |||
| style="width: 50%; vertical-align: top;" | | |||
{{Style of Cause}} | |||
{{TITLE|NOTICE OF APPLICATION|Disclosure Pursuant to ''R v O'Connor''}} | |||
{{WHEREAS Charges}} | |||
'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order that pursuant to ''R v O'Connor'', [1995] 4 SCR 411, for the following records to be produced to the accused: | |||
## [list relevant records] | |||
'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:''' | |||
# | |||
# [grounds consisting of reasons for granting the relief and alleged facts] | |||
# ... | |||
# 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 evidence as counsel may advise and this Honourable Court may permit. | |||
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:''' | |||
# An Order allowing the Application and granting [describe the type of order and terms of the order] | |||
'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:''' | |||
In accordance with the appropriate Rules of Court, | |||
{{CounselAddress}} | |||
{{DATED}} | |||
{{CounselSignature}} | |||
{{CarbonCopy}} | |||
{{InternalCode}} | |||
|} | |||
==McNeil Application== | |||
==Undertakings== | ==Undertakings== | ||
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Revision as of 08:42, 1 March 2021
Stinchcombe Application
NOTICE OF APPLICATION UNDER STINCHOMBE |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF APPLICATION 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 at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order that pursuant to R v Stinchcombe, [1991] 3 SCR 326, for the following records to be disclosed to the accused:
THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
O'Connor Application
NOTICE OF APPLICATION UNDER O'CONNOR |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF APPLICATION 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 at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order that pursuant to R v O'Connor, [1995] 4 SCR 411, for the following records to be produced to the accused:
THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
McNeil Application
Undertakings
Undertaking When Disclosing Sensitive Electronically Materials |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
UNDERTAKING I, ________________________________, Defence Counsel for ______________________________ in relation to Criminal charges under Section(s) ______________________ arising on or between (insert date here)_________________________, by accepting receipt of (insert device name here) ____________________ (hereinafter “device”) do hereby undertake as follows:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________
_________________________________________
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