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Section 8 Application (Precedent): Difference between revisions

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==Notice==
==Notice==
{|class="wikitable" style="width:650px; background-color:white; "
{{seealso|Standard of Review of a Judicial Authorization}}
 
==Warrantless - Notice==
<!--
<!--{|class="wikitable" style="width:650px; background-color:white; "
! NOTICE OF CHARTER APPLICATION
! NOTICE OF CHARTER APPLICATION
|-
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |-->
{{Style of Cause (Charter)}}
 
{{Collapse1|{{Style of Cause (Charter)}}}}


{{TITLE|NOTICE OF CHARTER APPLICATION|Section 8 of the Charter}}
{{TITLE|NOTICE OF CHARTER APPLICATION|Section 8 of the Charter}}
Line 13: Line 18:
{{WHEREAS Charges}}
{{WHEREAS Charges}}


'''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 that the Applicant's rights under s. 8 of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) of the ''Charter''.
{{I-Start}}'''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 that the Applicant's rights under s. 8 of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) of the ''Charter''.{{I-End}}


{{WHEREAS Charges}}
{{WHEREAS Charges}}


'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:'''
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS'''{{I-End}}


# Section 8 of the Charter protects against unreasonable search and seizure. That protection includes a requirement that police obtain authorization where feasible prior to entry into a recognized zone of privacy: Hunter v Southam Inc, 1984 CanLII 33, , [1984] 2 SCR 145
# A party alleging a breach of Charter rights bears the burden of proving that violation on a balance of probabilities. However, if the individual can demonstrate that a police search was conducted without a warrant, that search will be presumed to be unreasonable unless shown to be justified: Feeney, 1997 CanLII 342 (SCC), [1997] 2 SCR 13, per Sopinka J, at para 54; Mann, 2004 SCC 52 (CanLII), 2004] 3 SCR 59
# [enumerate the principles that apply to the circumstances]
# [enumerate the principles that apply to the circumstances]
# Any additional grounds as counsel may advise and this Honourable Court may permit.
# Any additional grounds as counsel may advise and this Honourable Court may permit.


'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:'''
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS'''{{I-End}}


# [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
# [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.
# 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:'''
{{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}


# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# Any additional grounds as counsel may advise and this Honourable Court may permit.
# Any additional grounds as counsel may advise and this Honourable Court may permit.


'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}


An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter]
An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter]


'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}


In accordance with the appropriate Rules of Court,  
In accordance with the appropriate Rules of Court,  
Line 48: Line 55:


{{InternalCode}}
{{InternalCode}}
<!--
|}
|}


<gdoc id="17q49UYPuZHnZNlvzpo4bbGHlMixO7kCOwosNojFm7qs" width="750" height="1000" />
<gdoc id="17q49UYPuZHnZNlvzpo4bbGHlMixO7kCOwosNojFm7qs" width="750" height="1000" />
-->
==Warrant - NOTICE OF CHARTER APPLICATION==
<!--
<!--{|class="wikitable" style="width:650px; background-color:white; "
! NOTICE OF CHARTER APPLICATION
|-
| style="width: 50%; vertical-align: top;" |-->
{{Collapse1|{{Style of Cause (Charter)}}}}
{{TITLE|NOTICE OF CHARTER APPLICATION|Section 8 of the Charter}}
{{WHEREAS Charges}}
{{I-Start}}'''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 that the Applicant's rights under s. 8 of the ''Canadian Charter of Rights and Freedoms'' (''Charter'') have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) of the ''Charter''.{{I-End}}
{{WHEREAS Charges}}
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS'''{{I-End}}
# [enumerate the principles that apply to the circumstances]
# Any additional grounds as counsel may advise and this Honourable Court may permit.
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS'''{{I-End}}


==Affidavit==
# [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.
 
{{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}
 
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# Any additional grounds as counsel may advise and this Honourable Court may permit.
 
{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}
 
An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter]


{|class="wikitable" style="width:650px; background-color:white; "
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}
! AFFIDAVIT (CHARTER)
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Charter)}}


{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
In accordance with the appropriate Rules of Court,
{{CounselAddress}}  


I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
{{DATED}}


# I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
{{CounselSignature}}


{{SwornSignature}}
'''TO:''' [Provincial/Federal Crown Attorney]


{{InternalCode}}
{{InternalCode}}
|-
 
<!--
|}
|}
<gdoc id="1kin8u8VQ2ovH6qAdaOoP1-BmxND9-Y6lmj5onz1z7zY" width="750" height="1000" />
 
<gdoc id="xxx" width="750" height="1000" />
-->

Revision as of 08:31, 20 February 2025

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

See also: Standard of Review of a Judicial Authorization

Warrantless - Notice

Style of cause  

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
 COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent



NOTICE OF CHARTER APPLICATION
Section 8 of the Charter



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 that the Applicant's rights under s. 8 of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) of the Charter.

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;

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS

  1. Section 8 of the Charter protects against unreasonable search and seizure. That protection includes a requirement that police obtain authorization where feasible prior to entry into a recognized zone of privacy: Hunter v Southam Inc, 1984 CanLII 33, , [1984] 2 SCR 145
  2. A party alleging a breach of Charter rights bears the burden of proving that violation on a balance of probabilities. However, if the individual can demonstrate that a police search was conducted without a warrant, that search will be presumed to be unreasonable unless shown to be justified: Feeney, 1997 CanLII 342 (SCC), [1997] 2 SCR 13, per Sopinka J, at para 54; Mann, 2004 SCC 52 (CanLII), 2004] 3 SCR 59
  3. [enumerate the principles that apply to the circumstances]
  4. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. 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:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. Any additional grounds 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, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter]

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]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

Warrant - NOTICE OF CHARTER APPLICATION

Style of cause  

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
 COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent



NOTICE OF CHARTER APPLICATION
Section 8 of the Charter



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 that the Applicant's rights under s. 8 of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that [the evidence ] is ordered to be excluded from trial pursuant to s. 24(2) of the Charter.

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;

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS

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

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. 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:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. Any additional grounds 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, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter]

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]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]


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