Constitutional Question (Precedent): Difference between revisions
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Revision as of 23:05, 9 January 2025
Notice of Constitutional Question
NOTICE OF CONSTITUTIONAL QUESTION PERUSANT TO [name of relevant act]
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 applicant raises .
AND TAKE NOTICE that an applicant seeks a declaration that section [section #] of the Criminal Code violates s. [#] of the Charter of Rights and Freedoms.
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:
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: xxx@xxxxxx.xxx
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]
[Internal File Coding]
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban. Style of cause
NOTICE OF CONSTITUTIONAL QUESTION PERUSANT TO [name of relevant act]
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