A bit of help with Charter 11b (Violation of charter)

[pgagy]

Has anyone ever done this? I read the sticky on the subject, but it's way too complicated. Can anyone point me towards some resources / step by step process on how to do this? Any help would be appreciated.

The backstory:
I got the ticket in August last year. I had my first court date sometime in the winter - January or thereabouts. The witness didn't show up, so they postponed it to May. I requested disclosure but never got it, so in May, I complained that I never go it, showed them my request for it, and now my court date is in October this year. I've represented myself through all of this and it has inconvenienced me. At the end of the proceeding in May, the Justice had some good words for the prosecutor - something to the extent of "You guys understand that it has been over a year, and you don't have your act together, and this guy has been here twice on his own time", and then he told me " I would suggest getting some legal advice before the next proceeding" - and I take that as a hint that I should file for 11b, and have the whole thing dismissed. I talked to one of those traffic ticket guys after, and he said he could do it for me for $500 or something. I think it would be interesting to do this on my own and to learn the process a bit, plus I don't want to give $500 to the guy. He must make a killing at his job, because he had an authentic Rolex on his wrist.

 

[toysareforboys]

You can get it done for free at a legal aid office. The little green sign between EDS and Staples will do it for you: http://maps.google.ca/?ll=43.890265...=Vw_Qs2m8ZpcgLa9GmbC9rw&cbp=12,275.41,,2,0.16

If you want to do it yourself check out these links:
(Info) http://www.ottlegal.com/en/11bApplications.html
You MUST file at least 15 days BEFORE your next court date.

On page 5 of this PDF you will see:
"At least 15 days before the trial, file a form called "Notice of Constitutional Question" or something similar (FORM 4F, Courts of Justice Act). The purpose of this form is to give notice to the Crown that you wish to dispute the charge using Charter arguments. After you file the form, wait for the trial. At trial, when you are asked to enter a plea, state that "I ask that the charge be stayed on the grounds that my right to a prompt trial as guaranteed by the Charter has been violated, through no fault of my own, and that this unreasonable and undue delay has caused my inability to prepare a full answer to the charge and my inability to recall the details in the alleged offence due to such delay, and that such delay has caused lots of anxiety and stress to me for the past months". After you said the above statement, the court should dismiss the charge.

Click here (also available in PDF) for a sample of the Notice of Constitutional Question form. Replace the red text and modify the facts to suit your particular case. Send it to the addresses listed at the bottom of the form."

Hope that helps.

-Jamie M.