Constitutional Challenge questions...

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Joined: Tue Apr 28, 2009 7:58 pm

Constitutional Challenge questions...

by: littlepeep on
Sun Feb 07, 2010 11:35 pm


I've been charged with speeding under s.128 (81 km/h in a 60 km/h zone) of the HTA in Ontario.

I've made 2 requests for disclosure. Nothing received first time, received front of ticket and illegible notes on 2nd.

Requested but not received owners manual for Lidar unit.
Requested many other things as noted on Ticketcombat web site.

I've written again to the prosecutor requesting the missing material, asked them to review and release the disciplinary/criminal history of the officer in the spirit of McNeil. Nothing more heard.

Ticket date was April 11th, 2009 - Trial is scheduled for April 1st, 2010.

I intend to make Section 7 and Section 11b motions.

Here's my questions:

Can I get the affidavits commissioned elsewhere and just serve the crown and file with the court the copy that notes the crown's acceptance - or do I need to go to the court first to issue the document first (like I would if I had a motion and needed to get the date from the court before I could serve it on the crown).

Do I need to file proof of service of AG of Ontario and AG of Canada with the court? (the fax confirmation is all I have)



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