Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

Regulations are current to 2014-09-15 and last amended on 2014-01-01. Previous Versions

Form 5NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE

Court File No.

COURT OF ONTARIO

(Superior Court of Justice)

((specify) Region)

BETWEEN:

HER MAJESTY THE QUEEN

— and —

(specify name of accused)

NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE

(Criminal Proceedings Rules, Rule 27.03, Form 5)

TAKE NOTICE that the (identify party) will bring an application on day, the day of (specify month), 2, at (specify address of courthouse), for an order granting (set out precise relief sought).

THE GROUNDS FOR THIS APPLICATION ARE:

  • 1. That

  • 2. That

  • 3. Such further and other grounds as solicitor may advise and this Honourable Court may permit.

THE CONSTITUTIONAL ISSUES TO BE RAISED ARE:

  • 1.  (state concisely each issue to be raised)

  • 2. 

  • 3. 

THE CONSTITUTIONAL PRINCIPLES TO BE ARGUED ARE:

  • 1. 

  • 2. 

  • 3. 

STATUTORY PROVISIONS OR RULES UPON WHICH THE APPLICANT PLACES RELIANCE ARE:

  • 1. 

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES UPON THE FOLLOWING:

  • 1. (briefly describe the documents such as affidavits, transcripts, etc. upon which the Applicant relies)

THE RELIEF SOUGHT IS:

  • 1. An Order allowing the application and granting (indicating precise relief sought)

THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATION

  • 1. By service in accordance with Rule 5, through (specify address and fax number)

DATED at , , this day of , 2.

(Signature of appellant or solicitor)

(set out name and address, as well as telephone and fax numbers)

To

The Attorney General of Ontario

Constitutional Law Division

7th Floor

720 Bay Street

Toronto, Ontario M5G 2K1

The Attorney General of Canada

Box 36

3400 Exchange Tower

First Canadian Place

Toronto, Ontario M5X 1K6

(or Justice Building

239 Wellington Street

Ottawa, Ontario K1A 0H8)

and/or

(Office of the Prosecutor)