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Notice of Intended Application
(Where Health Canada Has Not Identified an Issue With the Certificate of Analyst)

This Notice should be used if you have not been notified by the Department of Justice that Health Canada has identified an issue with the Certificate of Analyst used in your case, and you wish to claim some form of relief.

Offence Information:

Name of Accused
Offences :

Address, Phone Number:

Name, Address, Phone
Number of Counsel

Date of Conviction:
Place of
Conviction :

Date of Sentence:
Sentence
Imposed:

Place of Incarceration
(if in custody):

Name of Judge:

Please List all Drug
Certificate Numbers
Entered into Evidence
on your matter
(please indicate number(s) exactly):

 

Affidavit or Statutory Declaration:Please attach your affidavit or statutory declaration setting out the basis for your belief that the substance was inaccurately described in the Certificate(s) of Analyst used in your case. If you admitted the nature of the substance at trial or pleaded guilty, please include in your affidavit or statutory declaration the exceptional circumstances why your admission or plea should be set aside.

Additional Information on Your Case:

If you pleaded NOT GUILTY, please indicate the following:

Position regarding the identification of the substance at trial:

Was the certificate(s) tendered in evidence at trial?

Did the Analyst testify? If so, was leave to cross-examine sought?

Did you introduce evidence contesting the identification of the substance as described in the certificate?

How, if at all, would the new information with respect to the certificate(s) have affected the result or the fairness of the trial process?

Are materials available with respect to the court proceeding? (ie - trial transcripts, reasons for judgment)

 

If you pleaded GUILTY, please indicate the following:

Reason(s) for plea:

Did you have a defence on the merits to the charge relating to the nature of the substance?

Are materials available with respect to the court proceeding? (ie - trial transcripts, reasons for judgment)

(Where any of the above information is unknown, please indicate why it is not known.)

Relief Sought:
(Please Check All that Apply)

Summary Conviction Offence(s)
Pardon
Return of Fine Paid
Extension of Time to File an Appeal
Appeal to Set Aside Conviction and Enter Acquittal/Stay
Release from Custody
Indictable Offence(s)
Pardon
Return of Fine Paid
Extension of Time to File an Appeal
Appeal to Set Aside Conviction and Enter Acquittal/Stay or New Trial
If appeal remedies were previously taken, a direction from the Minister of Justice for a new trial or appeal under section 690 of the Criminal Code
Release from Custody

Send your completed form by mail to the following address:

Department of Justice, Canada
Ontario Regional Office
First Canadian Place, Box 36
Toronto, ON M5X 1K6
(Att: Certificate Review Group)

The Department of Justice will send an acknowledgement of receipt to you by registered mail upon receipt of this Notice.

 

Last Updated: 2005-10-20 Back to Top Important Notices