Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
You will always need any records of the case from the body that made the decision.
When to Start
Because you will need to serve the other party with your evidence within 30 days of your Notice of Application being stamped, you will want to think about what you need before you even start your case.
You can ask for these in your application. What records exist will depend on the case. There might be a written record of a hearing. There could be separate records of witnesses. There may be other documents that were part of the case. Some things you may already have like documents you used and the reasons for the decision.
The record of the case will be very important when the court is reviewing the decision. It will help the court determine if the rules for making decisions were followed and if your Charter Rights were respected. The record of the case is usually the only evidence the court can consider.
Serving Evidence
You need to serve any Affidavits or documents you will use to support your case. You have 30 days after your Notice of Application was stamped to do this. You serve these on the people you served with the Notice of Application. You need to file proof of service. You do not file the Affidavits or documents. Prove is by an Affidavit in Form 146A.
You can serve the documents by:
- giving them to the person
- leaving them at the person’s address for service
- mailing them or delivering them by courier to the person’s address for service
- faxing it to the person’s lawyer or to the person
- emailing it to the address provided by the party in Form 141A
Your Record
Once have served and filed your Notice of Application and served your evidence on the other party, you need create what is called the Applicant’s Record. Your record needs to include the following, in this order and with numbered pages:
- Table of Contents – listing everything in the record and what it is
- Notice of Application
- Memorandum of Fact and Law (not exceeding 30 pages)
- order of the body – including any reasons or dissenting reason given for the order
- any material the body has supplied because your requested it – if you are going to use it
- transcript of any oral evidence presented to the body – if you are going to use it
This must be served on the other party and filed with the court. The other party then has 20 days to serve and file their record.
