Notice to Adduce Potentially Protected Records (Precedent)

Case-by-Case Privilege

Style of cause

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 INTENTION TO ADDUCE EVIDENCE
(Pursuant to R v Gruenke)

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 pursuant to ... at the forthcoming trial scheduled for [date], at [time am/pm] upon these charges, the Crown will introduce records, particulars are as follows:

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

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

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

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

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

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]

FIRM NAME LLP
<civic address>
<city, province>
<postal code>

Counsel for the Applicant

TO: [Provincial/Federal Crown Attorney]