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Constitutional Question (Precedent): Difference between revisions

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Revision as of 16:29, 9 January 2025

Notice of Constitutional Question

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PUBLICATION BAN
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]




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:

  1. [enumerate the principles that apply to the circumstances]
  2. ...
  3. 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. ...
  3. 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. ...
  3. 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]


PUBLICATION BAN
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]





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

Counsel for the Applicant

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