Section 8 Application (Precedent): Difference between revisions

From Criminal Law Notebook
← Older editNewer edit →
VisualWikitext
Line 5: Line 5:
{{seealso|Standard of Review of a Judicial Authorization}}
{{seealso|Standard of Review of a Judicial Authorization}}


===Warrantless===
===Warrantless - Notice===
<!--
<!--
{|class="wikitable" style="width:650px; background-color:white; "
{|class="wikitable" style="width:650px; background-color:white; "

Revision as of 13:42, 25 September 2024

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

See also: Standard of Review of a Judicial Authorization

Warrantless - Notice

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

  1. [enumerate the principles that apply to the circumstances]
  2. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. 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:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. 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]

<gdoc id="17q49UYPuZHnZNlvzpo4bbGHlMixO7kCOwosNojFm7qs" width="750" height="1000" />

Warrant - 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

  1. [enumerate the principles that apply to the circumstances]
  2. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. 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:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. 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]


<gdoc id="xxx" width="750" height="1000" />

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:

  1. 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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]

<gdoc id="1kin8u8VQ2ovH6qAdaOoP1-BmxND9-Y6lmj5onz1z7zY" width="750" height="1000" />

Retrieved from "https://criminalnotebook.ca/index.php?title=Section_8_Application_(Precedent)&oldid=96521"