Charter challenge questions

jonnybravo14
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Charter challenge questions

by: jonnybravo14 on
Mon Aug 09, 2010 1:21 am

I'm submitting my 11b motion this week and have a couple of questions about how to organise it. Where do I draw the line between a factum and an affidavit? I've been writing the affidavit as a rundown of steps I've taken since the charge has been laid and how each has been responded to by the Crown and the court system. Do I then make my arguments as to the length and reasonableness of the delay, the fact that I have not waived my right to a prompt trial, and demonstrate the increased prejudice to my defence case imposed by an unreasonable delay? Or is this all stuff for the factum? If so, how much do I put in the affidavit? Or is it enough to just make a single statement that the content in my factum is indeed accurate and truthful? This is my gut feeling (facts and argument in factum, statement that it is true in affidavit) and the way I'll lean, but it would take a load off to know for sure :)

Finally, if I cite case law and want to include a copy of the decision in my submissions, do I need to fax all 50-60 pages along to the Attorneys general of Canada and Ontario as well?




jonnybravo14
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by: jonnybravo14 on
Mon Aug 09, 2010 11:36 am

Ok, so it looks like the play by play of how my case has unfolded thus far is for the affidavit, and the legal argument alone is in the factum, and referenced by the affidavit. So I suppose it makes sense to reference/present the affidavit first then?

As for faxing these off, do I need to include full copies of the the jurisprudence I am using in support of my argument? Or is this solely needed for reference within the court itself, and thus only needs to be included in the copies going to the Prosecution and the Court?


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