I received a speeding ticket on February 1st "2013" in Gatineau (Quebec) for driving 126km/r in a 100km/h zone. I was given 30 days to either pay the fine or submit a request for trial.
Since the Notice of Infraction was in French, On February 21st 2013, I request an English copy of the ticket.
2 Months later (April 9 2013), I was mailed an English copy of the ticket.
On April 10 2013, I submitted my request for an English Trial and also requested the police officer's presents (since its not required in Quebec) so that I may question him.
Over 10 months later (February 24th 2014), I received my Notice of Trial which is scheduled to take place June 26, 2014.
As per djino's instructions on the first post, on February 25th, 2014, I contacted the court to obtain the Prosecutor's contact/fax info. I then immediately submitted the waiver letter asking that they reschedule my trial since I am experiencing an unreasonable delay. On the same day, I also submitted my First Disclosure Request.
Since I had received nothing in the two and a half months following, on May 5th, 2014, I submitted a second Disclosure Request.
It is now 3 weeks until my Trial. I have not received anything from the prosecutor and it will be almost 17 months between the date the offense occurred and my trial date. Djino's Form 4F as shown on the second post is specific to Ontario's regulations concerning seeking a remedy for a violation of a Charter Right. I have spent several hours online trying to find something similar to submit for Quebec, but I am not able too. Can anyone help?
I plan to make two motions to stay based on unreasonable delay and my right to disclosure. I have reviewed Quebec's Charter of human rights and Freedoms. I do see Section 32.1 states the following, which is reflective of the Canadian Charter of Rights and Freedoms Section 11b..
[QUOTE]32.1. Every accused person has a right to be tried within a reasonable time.[/QUOTE]
Though I cannot find a section in the Quebec Charter that is reflective of Section 7 of the Canadian Charter, but I assume regardless, I can still invoke my Canadian Charter Right even here in Quebec.
Section 24(1) of the Canadian Charter of Rights and Freedoms states
[QUOTE]24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.[/QUOTE]
This implies that I should seek remedy of a stay of my trial through the Courts of Quebec. I have reviewed Quebec's Charter of Human rights and freedoms, Quebec's Courts of Justice Act, Quebec's Penal Code and Procedure, Quebec's Highway Safety Code, and no section in any of these documents contain any discussion/process for how one is to claim a remedy of a violation of my rights from either Canadian/Quebec charter as it does in Ontario's Courts of Justice Act for Section 109.
Can anyone provide any help? What am I missing?