Precedent - Notice of Re-Election

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Notice of Re-Election

See also: Defence Re-Election

Notice of Re-Election

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 RE-ELECTION

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;

AND WHEREAS the Crown elected the accused, [accused] to be tried by way of ☐ Indictment ☐ Direct Indictment and the accused initially elected to be tried by:

☐ Provincial Court Judge

☐ Superior Court Judge Alone

☐ ...with a Preliminary Inquiry

☐ Superior Court Judge with a Jury

☐ ...with a Preliminary Inquiry

AND WHEREAS this Notice is provided

☐ More than 60 days before Trial,

☐ 60 days or less before trial,

☐ Before the completion of the preliminary inquiry

☐ After the completion of the preliminary inquiry

☐ ...less than 60 days after preliminary inquiry

☐ ...60 days or more after preliminary inquiry

TAKE NOTICE that the accused pursuant to Section 561 of the Criminal Code, seeks to re-elect to be tried by:

☐ Provincial Court Judge (561(1)(a), (3), and (5))

☐ Superior Court Judge Alone (473, 561(1)(b), (c),(2) to (5), 565(2), (3))

☐ ...with a Preliminary Inquiry

☐ Superior Court Judge with a Jury (561(1)(b), (c), (2), (4), (5))

☐ ...with a Preliminary Inquiry

AND TAKE NOTICE that the Attorney General, as represented by counsel for Her Majesty the Queen, consent to the accused being tried by way of summary conviction.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[defence name]
Defence title

CONSENTED TO:

I, [name of crown attorney], Crown Attorney, hereby consent to the re-election to the requested level of court.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[Crown name]
Crown title

TO:	[parties requiring notice] [contact info]
AND TO:	[other necessary parties] [contact info]
cc.	[other party where notice not legally required such as co-counsel, etc.]

[ The notice must go to court that was anticipating the next hearing]