Section 8 Application (Precedent): Difference between revisions

Revision as of 09:20, 27 April 2021

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

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]

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]

@@ Line 13: / Line 13: @@
 {{WHEREAS Charges}}
-'''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''.
+{{I-Start}}'''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''.{{I-End}}
 {{WHEREAS Charges}}
@@ Line 27: / Line 27: @@
 # 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:'''
+{{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}
 # [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:'''
+{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}
 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:'''
+{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}
 In accordance with the appropriate Rules of Court,