Section 9 Application (Precedent)
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 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF CHARTER APPLICATION 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. 9 of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that [remedy] pursuant to s. [section] 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:
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: [Provincial/Federal Crown Attorney] [Internal File Coding] |
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Affidavit
AFFIDAVIT (CHARTER) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
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