Notice of Constitutional Question? Form 4F?

[Squadz]

My offence date was 02/22/2016 for speeding 30km/h over.
My trial date is 11/29/2016.

Reading here: http://fyst.ca/appndxb.htm, which was linked in Rob's stickied post.

It says that if my trial date is scheduled more than 8 months away from my offence date, that I can file this form and my charge should be dismissed.

Can someone confirm or comment on this?

Below is the court house if that matters:
Ontario Court of Justice, Provincial Offences Office
Suite 200 – 465 Davis Drive
Newmarket, ON L3Y7T9

 

[statsman]

You will have to quote the case law you will be using to support your claim that the trial date was too long.
Case law is constantly changing and under review in this area so the link you used may no longer be valid.

 

[PrivatePilot]

It's considered 8-10 months, not 8 strictly. You're right in the middle at 9 so it could be a tough one to pull off but couldn't hurt to try..but don't count on it. More details here:

http://fightyourtickets.ca/tickets/reasons-for-dismissal/

 

[slogan]

You can try to file B11, but this might be a tough since your time is below 10 month... especially you are not in Toronto... their timing calculation might be slightly different.

 

[hedo2002]

Also, your trial date is 9 months from the date of offence at any point did YOU ask for an adjournment? Perhaps to get legal advice? Or you were out of town? Or you needed more time to request disclosure etc? If you did then then time frame is "reset"

If the delays are due to crown issues, then it is "slightly" more in your favour, (you have to demonstrate why this delay is unreasonable and how it "injured you"), not in a physical manner, but how it injured your right to a speedy and fair trial.

As stated just because you have passed 8 months and 1 day, doesn't make it a get out of jail free card.

 

[vociferous]

that such delay has caused lots of anxiety and stress to me for the past months".

don't use that line in your filing. it comes across as petty and stupid.

 

[Rob MacLennan]

Due to caseloads the delay is more like 13 months, these days, before 11b applies. Always worth the attempt though.

 

[boyoboy]

You will have to quote the case law you will be using to support your claim that the trial date was too long.
Case law is constantly changing and under review in this area so the link you used may no longer be valid.

It was about 7-8 years ago? that toronto drug squad cops were beating and and robbing drug dealers - until a lawyer noticed he was hearing the same stories of beatings and thefts from several different clients - who didn't know each other. An investigation ensued and revealed enough that the cops were charged with multiples of charges. IT was front page news back then in the Sun. The crown then conveniently delayed the case until the cops got off on delays - I don't think the delays were very long. Would this not be tort law?

 

[Rob MacLennan]

It was about 7-8 years ago? that toronto drug squad cops were beating and and robbing drug dealers - until a lawyer noticed he was hearing the same stories of beatings and thefts from several different clients - who didn't know each other. An investigation ensued and revealed enough that the cops were charged with multiples of charges. IT was front page news back then in the Sun. The crown then conveniently delayed the case until the cops got off on delays - I don't think the delays were very long. Would this not be tort law?

No, it's Constitutional law and any cases quoted would generally have to be with respect to similar cases.* There are more than enough reference which can be found on the CanLII website.

*I mean as reference, not as citation of the basic concept.

 

[PrivatePilot]

Due to caseloads the delay is more like 13 months, these days, before 11b applies. Always worth the attempt though.

To the best of my knowledge caseload should not effect it at all - the whole idea behind 11b was that it was decided undue delays in the court process were a problem, and the whole idea behind tossing out cases that exceeded 8-10 months was to get the court system to pull up it's pants and fix the problems at their roots. Unchecked it was possible that we might have seen cases taking years to get before a judge.

 

[Rob MacLennan]

To the best of my knowledge caseload should not effect it at all - the whole idea behind 11b was that it was decided undue delays in the court process were a problem, and the whole idea behind tossing out cases that exceeded 8-10 months was to get the court system to pull up it's pants and fix the problems at their roots. Unchecked it was possible that we might have seen cases taking years to get before a judge.

Except that it does, in practice. What is considered 'reasonable delay' is a sliding scale, not a hard and fast rule.

 

[JFD]

Also, your trial date is 9 months from the date of offence at any point did YOU ask for an adjournment? Perhaps to get legal advice? Or you were out of town? Or you needed more time to request disclosure etc? If you did then then time frame is "reset"

this is key