Constitutional Question (Precedent)

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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  

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

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NOTICE OF CONSTITUTIONAL QUESTION PERUSANT TO [name of relevant act]

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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   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 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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