Lavallee Application (Precedent): Difference between revisions

Revision as of 20:34, 7 July 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.

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] 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]

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 {{Precedent Terms of Use}}
 ==Notice==
+===Notice of Application===
 {{seealso|Searches Intruding on Solicitor-Client Privilege}}
 {|class="wikitable" style="width:650px; background-color:white"
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 <gdoc id="xxxx" width="750" height="1000" />
+<!--
+===Notice to Potential Privilege-holders===
+; NOTICE
+[Law regulatory body] gives notice that police have served us with a [Warrant to Search/Production Order] dated [date] pursuant to section [487/490.014] of the Criminal Code. Execution
+of this warrant was effected on [date] by the [police force]. The Warrant for the records relating to the practice of [lawyer], required production of:
+# list of the records....
+Those records that are possibly subject to a claim of privilege have been scaled and filed with the [level of court] in [location]. An application is being made by the Crown for access to the sealed materials on [date]. The [law regulatory body] is therefore providing this notice to former clients and others who may have been clients of [laywer], about whom information from out investigation may be disclosed in response to this Warrant. The [law regulatory body] will assert a claim of privilege over materials where a known former client docs not come forward to do so. Persons affected by this notice may contact the [law regulatory body] for more information, at [contact info].
+-->
 ==Order==