Precedent - Application to Unseal Judicial Authorization: Difference between revisions

Revision as of 10:33, 15 September 2022

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Notice

See also: Sealing and Unsealing Judicial Authorizations

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 vary an order to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;

NOTICE OF APPLICATION
(Ex Parte)

TAKE NOTICE that an Application is being made for an Order granting the variation of the sealing orders to permit full access to the records by members of the public.

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 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 remains 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 copy of the affidavit of [investigation], dated [date];

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order unsealing 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 His Majesty the King 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 by the authorizing Justice at the same time as the main authorization on the basis of protecting an ongoing investigation. The investigation has now concluded with 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]
)

[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 vary an order to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;

ORDER
(Section 487.3/487.0191 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 His Majesty the King, [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]

[Internal File Coding]

@@ Line 58: / Line 58: @@
 # 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 am the lead investigator in the matter of His Majesty the King 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].
@@ Line 95: / Line 95: @@
 {{I-Start}}'''AND WHEREAS''' the authorizations were executed on or about [date].{{I-End}}
-{{I-Start}}'''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;{{I-End}}
+{{I-Start}}'''UPON THE APPLICATION''' made by counsel for His Majesty the King, [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;{{I-End}}
 {{I-Start}}'''UPON READING''' the affidavit of [investigator affidavit] dated [date];{{I-End}}