Precedent - Lavallee Application: Difference between revisions

Revision as of 21:18, 7 July 2021

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Notice

See also: Searches Intruding on Solicitor-Client Privilege

Application to Access Presumed Privilege 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] NOTICE OF APPLICATION *(Pursuant to R v Lavallee)* TAKE NOTICE that an Application is being sought for an Order granting the release .... THE APPLICANT RELIES ON THE FOLLOWING GROUNDS 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: THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order... DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding]

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
(Pursuant to Lavallee)

Before the Honourable 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 appropriate persons have been notified;

UPON THE APPLICATION by counsel for Her Majesty the Queen, [name of counsel], for ....;

UPON READING the affidavit of [investigator affidavit] dated [date];

IT IS ORDERED that the ....

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________________________ Justice of the [Level of Court] of [Province]

[Internal File Coding]

@@ Line 45: / Line 45: @@
 {{TITLE|ORDER|(''Pursuant to Lavallee'')}}
-'''Before the Honourable Judge/Justice Presiding:'''
+'''Before the Honourable Justice Presiding:'''
 '''WHEREAS''' on [date], a justice of the peace granted multiple judicial authorizations under [section]{{CCC}} in relation to a criminal investigation for offence contrary to section(s) [list sections]{{CCC}}.
-'''AND WHEREAS''' the affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain:
+'''AND WHEREAS''' the appropriate persons have been notified;
-{{List of Sealing Orders}}
-'''AND WHEREAS''' the authorizations were executed on or about [date].
+'''UPON THE APPLICATION''' by counsel for Her Majesty the Queen, [name of counsel], for ....;
-'''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.
+'''IT IS ORDERED''' that the ....
 {{DATED}}
 <span style="display:inline-block; width: 300px;"></span>_________________________________________________
-<span style="display:inline-block; width: 300px;"></span>Judge of the [Level] Court of [Province]
+<span style="display:inline-block; width: 300px;"></span>Justice of the [Level of Court] of [Province]
 {{InternalCode}}