Disclosure request interval

fmarshall
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Re: Disclosure request interval

by: fmarshall on
Fri Feb 24, 2012 1:07 pm

Sona wrote:My personal view is that it doesnt hurt to file an 11B and try to get a stay before entering a plea for your ticket. You lose nothing. That said, a prosecutor told me last week that she would fight an 11B unless it was about 14 months delay. I reminded her of R v. Morin (8-10 month delay). She said that is being appealed right now. However, to me, the matter isnt closed. I would argue the 11B in court with the help of case law. I am new to this site, hopefully, others will add to this.
Hi everyone,

Just an update on the situation:

I did end up filing an 11B two weeks ago and went through all the hurdles of getting things signed and stamped. When I pressed both the court clerks and the prosecutor's office to stamp my stay applications and affidavits of service with a "Proof of Service" stamp, they said they didn't have those and simply stamped them with the general "Received" stamp.

So, this morning was my court date and upon meeting with the prosecutor before the proceedings began, they noted that I had filed an 11B. While I was waiting for my turn, I saw the prosecutor leaf through my package, smile and show it the officer. At that point, I was thinking, "oh no, they found something which they're gonna argue against" and my heart rate ended up increasing a bit. When I got up for my turn though, I saw that the officer had left the room and before I could even say anything to the Justice, the prosecutor mentioned that my 11B had been filed for an almost 12 month delay and they dropped all charges. I was ready to argue for my case based on the Andrade precedent and I only ended up saying "Thank you" to the court. :D In retrospect, I'm thinking the prosecutor was simply asking the officer if he was willing to fight it or not...

Anyways, just wanted to give a big thanks to everyone who helped me out on this thread, you have my eternal appreciations!


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hwybear
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by: hwybear on
Fri Feb 24, 2012 2:33 pm

Good for you!!
fmarshall wrote:. While I was waiting for my turn, I saw the prosecutor leaf through my package, smile and show it the officer...... In retrospect, I'm thinking the prosecutor was simply asking the officer if he was willing to fight it or not...
It is not up to officers to go to trial or not......most likely showed the package to the officer, indicating the reason for the withdrawal of charges, so if it was an error on the officers part (ie: slow to provide disclosure to prosecutor) can learn from it, or maybe if was prosecutor fault (slow on sending out disclosure) or court fault (slow for scheduling the trial date), just a courtesy to the officer.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Simon Borys
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by: Simon Borys on
Fri Feb 24, 2012 4:11 pm

Sona wrote:I reminded her of R v. Morin (8-10 month delay). She said that is being appealed right now.
Morin was a cased that was decided back in 1992 by the Supreme Court. It cannot be appealed because (a) it's 20 years old, and (b) there's nowhere to appeal from the Supreme Court.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.




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Radar Identified
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by: Radar Identified on
Sat Feb 25, 2012 8:30 am

Sona wrote:I reminded her of R v. Morin (8-10 month delay). She said that is being appealed right now.
LOL, appealed. To where? As Simon says... it's the Supreme Court of Canada that decided it. Nice try on her part with the bluff, though.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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