Thank you for the detailed reply. I definitely want to try to argue an 11b violation, even though my case is 7 days under the 18 month ceiling and the onus therefore shifts from the crown to me.ShrekTek wrote: ↑Oct 9th, 2017 3:52 pmRegardless of the "suspect" time frame, it is still under 18 months so therefore there is nothing you can do about it.
In reality, a Secton 7 argument (lack of disclosure) at your first appearance will never work as the caselaw says that the proper remedy is to adjourn it to another date and get prosecution to get you the disclosure (which they did by giving it to your brother).
However, if you can not read the officers writing, then you need to send another request to prosecution ASAP stating something like:
The officers notes that I received are very hard to read and appear to contain abbreviations that I do not understand. Please provide a typed copy of the notes along with the meaning of all abbreviations used so I can properly prepare my defense.
If they don't provide this to you, then you can argue at the next trial that they still have not provided you with disclosure as you can not prepare a defense without knowing what the case is against you, which requires you to be able to know what the officers notes say. Remember to file another Section 7 Charter argument before this trial date, which I recommend you do about 25 days before trial date so that you make sure the Attorney Generals get their notice on time.
I don't really see any charter violations against you personally, although if they don't get you typed notes you can read, then you will have section 7 one.
If you want to also try an 11b before the 18 months, it is possible but will take lots of work. You will also need to get 3 copies of transcripts of the first two court dates ($$$). Read this post:
https://forums.redflagdeals.com/ask-me- ... #p27683529
I took a look at the thread you mentioned. My understanding is that if I want to argue for an 11b stay, I have to successfully establish that:
1) I took meaningful steps that demonstrate a sustained effort to expedite the proceedings, and
2) The case took markedly longer than it reasonably should have.
You mentioned that I'll have to get 3 copies of the transcripts of my previous two court appearances. Is this something that has changed with recent caselaw/the new 11b framework? I always thought that court transcripts only have to be ordered for any matter that is being appealed.
Would I file my 11b challenge the same way as my section 7 challenge (at least 25 days before trial), or is there now a different procedure for 11b challenges? I know that prior to the summer of 2016, most 11b challenges referred to the Askov and Morin decisions. I would appreciate some more insight on the best way to mount an 11b challenge and what steps I would have to take to ensure compliance with the new framework.
Thanks again for your assistance!