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Ticket Vs. Court Date
- Thread starter frekeyguy
- Start date
No.
You have to file for an 11b and it's paper work. It's not as easy as the ticket getting thrown out because it's been 11 months. You have to determine yourself if you have a reasonable case for delay of trial.
I don't understand why people think it's so easy because really, it's not. You still have to go to court and fight it.
If you're scared or nervous to fight your ticket; filing an 11b is even harder.
You need to serve the following parties with the 11b application at least 15 days (preferably 20+ days) prior to your court date:
- Attorney-General of Canada
- Attorney-General of Ontario
- Prosecutor's Office handling your case
- Court where your case will be heard
And on top of that, you have to prove that you served them with paper work.
You have to file for an 11b and it's paper work. It's not as easy as the ticket getting thrown out because it's been 11 months. You have to determine yourself if you have a reasonable case for delay of trial.
I don't understand why people think it's so easy because really, it's not. You still have to go to court and fight it.
If you're scared or nervous to fight your ticket; filing an 11b is even harder.
You need to serve the following parties with the 11b application at least 15 days (preferably 20+ days) prior to your court date:
- Attorney-General of Canada
- Attorney-General of Ontario
- Prosecutor's Office handling your case
- Court where your case will be heard
And on top of that, you have to prove that you served them with paper work.
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The case does not automatically get thrown out by any stretch of the imagination. R. v. Vellone, 2011 ONCA 785 (CanLII), he basically showed up to trial and said this:
In 2008 the JP said that his motion was defective and tossed it out; in 2009 Vellone somehow appealed and got it quashed; the prosecutors in 2011 re-appealed but this time they had the Attorney General of Ontario involved and they won; ultimately, because it took four years for all of this to happen... the crown used their better judgement and withdrew the charge.
So jay-d is correct, you have to follow the proper procedures to file a Charter application with the courts.
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There are a lot of reasons as to why the trial has taken longer than 11 months, and who is responsible for the delays is a big part of the 11b motion.
You also have to show that you were prejudiced by the delay, how you were stigmatized by society; it's much more easier to argue this with criminal proceedings where the accused are incarcerated until they have their trial date; in that time, they forget what happened and because they're behind bars... they feel that they're already guilty.
This isn't necessarily about people who get tickets to be off scott-free because it took too long. You still have to articulate how the delay prejudiced you.
You should read R. ex rel City of Toronto v. Andrade, 2011 ONCJ 470 (CanLII), because it is the authority atm w.r.t. 11b delays for Part 1 Offenses in ON
Everyone's case is different, i've filed two 11b apps before.. one for a delay of 14mths and another for 12mths and both i had to argue tooth and nail. The 14mth was the most difficult but i had it stayed, for the 12mth the JP delayed his decision till next month, if he says NO - we go straight to trial.
MR. VELLONE: If I may, I – under the Charter of Rights, I – I was under the belief that I – this thing took too long to come to trial and I was asking the Courts to be dismissed.
In 2008 the JP said that his motion was defective and tossed it out; in 2009 Vellone somehow appealed and got it quashed; the prosecutors in 2011 re-appealed but this time they had the Attorney General of Ontario involved and they won; ultimately, because it took four years for all of this to happen... the crown used their better judgement and withdrew the charge.
So jay-d is correct, you have to follow the proper procedures to file a Charter application with the courts.
______________________
There are a lot of reasons as to why the trial has taken longer than 11 months, and who is responsible for the delays is a big part of the 11b motion.
You also have to show that you were prejudiced by the delay, how you were stigmatized by society; it's much more easier to argue this with criminal proceedings where the accused are incarcerated until they have their trial date; in that time, they forget what happened and because they're behind bars... they feel that they're already guilty.
This isn't necessarily about people who get tickets to be off scott-free because it took too long. You still have to articulate how the delay prejudiced you.
You should read R. ex rel City of Toronto v. Andrade, 2011 ONCJ 470 (CanLII), because it is the authority atm w.r.t. 11b delays for Part 1 Offenses in ON
Everyone's case is different, i've filed two 11b apps before.. one for a delay of 14mths and another for 12mths and both i had to argue tooth and nail. The 14mth was the most difficult but i had it stayed, for the 12mth the JP delayed his decision till next month, if he says NO - we go straight to trial.
I recommend that you read the sticky post on fighting your tickets. It explains this, and much more that you need to know.
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