Precedent - Section 278.3 Application
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Notice
NOTICE OF S. 278.3 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 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 granting leave for the Applicant to question the complainant on matters protected by s. 278.3 of the Criminal Code. 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 pursuant to s. 278.3 of the Criminal Code granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”] 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 (S. 278.3) |
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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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Waiver
WAIVER OF 278.1 PROTECTIONS |
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WAIVER OF RIGHTS HOLDER I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:
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