Vol. 146, No. 5 — February 29, 2012

form

Form 5 / NOTICE 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)