Precedent - Application for Publication Ban

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Notice of Application

See also: Statutory Publication Ban on Identity Information

NOTICE TO APPLICATION FOR A PUBLICATION BAN

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 TO APPLICATION FOR A PUBLICATION BAN
(Common Law/486.4/etc)

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 trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].

TAKE NOTICE that before a Presiding Justice of the [name of inferior/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse], the ...

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS

1. ...
…
Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An order granting ...

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:	[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.]

Draft Order

DRAFT ORDER FOR A BAN ON PUBLICATION

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]

ORDER FOR A BAN ON PUBLICATION
(Pursuant to Section [x] of the Criminal Code/Common Law)

BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province].

UPON the Application of counsel for [party] for an order pursuant to section [x] of the Criminal Code to ...;

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 UPON IT APPEARING that ... .

AND WHEREAS I am satisfied that the ends of justice require that this Order be made;

IT IS HEREBY ORDERED that ....;

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

_____________________________
[name of title and judge]

TO:	[Peace officer / sherriff] [address]
AND TO:	Person in Charge of the detention facility [address]

[Internal File Coding]