Franchise10 wrote: ↑Hey Djino,
My brother in law got a ticket, here is what he told me.
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I received a ticket Aug 29 2011 8:28am for crossing a solid line to avoid traffic. The solid line was an entrance ramp to the street I was on. On the ticket the crime I committed is "pass off road way (H.T.A. 150(2)). I was given a court date of April 12 2012. When I went to the court room I stated my intention to go to trial instead of taking a plea bargain. They waited until the whole room was cleared, took me outside the court room and asked why I was fighting the ticket. I informed them that I crossed the line to avoid an accident as the car in front of me braked suddenly and unsafely at the end of the lane which I could not see. The prosecutor and police officer told me I was liable. They then provided me with a copy of the officers handwritten notes and postponed my trial to Aug 9 2012.
What do you think are my best options now? Since my first court date was 8 months after the incident and the fact that it is now postponed (with my approval - was asked if postponing was okay since I wanted to get a court date) up to a year after the incident can I plead that its a violation of 11(b) charter?
Yes, 11(b) is your best option. Have your brother in-law follow the formal process as I outline in Post #3 .
Blank Form.
He can Fax it or Go in Person, but going in person will be better.FORM 4F
Courts of Justice Act
NOTICE OF CONSTITUTIONAL QUESTION
R. v. Your Last Name The Defendant, Your Name, intends to claim a remedy under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to a violation of subsection 11 (b) of the Charter by the Government of Ontario. The defendant seeks the remedy of a stay of proceedings.
The question will be argued on Your Court Date at the Name and Adress of Court House.
Offence: Your Charge; PON#: Your Offence Number; Offence Date: Your Offence Date; Trial Date: Date Of Trial; Time: Time Of Trial; Courtroom: Location Or Room Number.
The following are the material facts giving rise to the constitutional question: As shown above, Your Offence Date is the date of the offence and Your Trial Date is the date of the Trial. This period of time constitutes an unreasonable delay.
The following is the legal basis for the constitutional question: The defendant has a legal right to be tried within a reasonable time. The defendant has not waived his right to a speedy trial, nor has the defendant been found at fault for the delay. (R. v. Askov, 1990 CanLII 45 (S.C.R.)). The defendant's legal right to be tried within a reasonable time has been infringed and in doing so has violated the defendant's section 11 (b) Charter right. The defendant is requesting a stay of proceedings pursuant to Section 24(1) of the Charter.
(Date) The Date You Are Filing This With The Court ................... Your Name, Address, Phone Number (Also Sign it here)
TO[INDENT]The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act)
Constitutional Law Branch
4th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: (416) 326-4015
The Attorney General of Canada (as required by section 109 of the Courts of Justice Act)
Suite 3400, Exchange Tower
Box 36, First Canadian Place
Toronto, Ontario M5X 1K6
fax: (416) 973-3004
Court Name and Address
Prosecutor Name and Address
[/INDENT]
Yes, it wouldn't hurt to send another disclosure request to the prosecutor asking for typed of version of his notes. If he does not receive this before your trial, he can follow the same process above but by using Section 7 instead of 11(b).Franchise10 wrote: ↑Also a lot of the police officers notes are written in shorthand, I want to ask for typed notes with no shorthand and also a copy of the by-law that I broke. Do you think this is a good start?
If the Justice has issue with his 11(b) argument, this is where he should come prepared to state precedents (cases that were stayed with less of a delay than the 12 months he is experiencing). If needed, I can provide court cases where defendants have been successful with their 11(b) motion having experienced a delay with less than 12 months.
djino
"Goodluck!"