How to file an 11B

L8TR
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Re: How to file an 11B

Unread post by L8TR on

Thank you for your response.


Basically, would it be sufficient for me just to state that:

1. My constitutional right under s. 11 (b) of the Canadian Charter of Rights and Freedoms to be tried within a reasonable time has been infringed.

2. I am going to read in court (from Tab1 of Notice of Application for Stay of proceeding):

...Disobey sign on the ...st day of August 2010 contrary to the Highway Traffic Act­ Section 182(2)

Be stayed, pursuant to section 24 (1) of the Canadian Charter of Rights and
Freedoms (hereinafter the "Charter").

THE GROUNDS OF THE APPLICATION ARE:
1.That my right to a fair trial within a reasonable time, as guaranteed by
s.11(b) of the Charter, has been infringed
2. That a stay of the proceedings is appropriate and just in the circumstances, as defined by s. 24 (1) of the Charter

3. I need to make a reference to R. v. Rowan case.

And all that above should "explain to the JP why this is true for your (my) case", should not?

By asking all these questions, I hope that it will be helpful for the other people (who can't afford a lawyer) to formulate its case in court "in proper legal language".
I also believe that the sentences (template) how to argue filed 11(b) in court by the applicant has to be added to a sticky note of this tread.

One more thing: Do I need to redo the "Notice of Application for stay of proceedings" or to make any amendment to it for the next trial date scheduled (Judge made a decision for the trial adjournment.) ?

Thank you.


diehard
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Unread post by diehard on

I believe that you must justify why the delay has affected you. So come up with a good story.

Citing the Charter of Rights isn't enough.


akarimov
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Unread post by akarimov on

I got a question about Step 5: Tell clerk that you would like your 4 copies of the Notice of Application sworn by a commissioner of oaths. (see screenshot below)

This part is missing from the Notice of Application for Stay of Proceedings template I downloaded. Is commissioner of oaths will insert it or I have to include into tab2 myself?
Image


diehard
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Unread post by diehard on

See my sample (tab 2).
Attachments
Capture.PNG
Capture.PNG (77.34 KiB) Viewed 2270 times


akarimov
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Unread post by akarimov on

thanks for posting the screenshot, because I didn't have that part in my tempate.

Also, I got two tickets at the same time and I had one courtdate for both charges.
Do I have to do all the paperwork for each ticket?


trenw
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Unread post by trenw on

For these steps I understand it has to be in court:
1. Go to Ticket Office (sardine room).
2. Get into the big line to pick a number. Tell clerk that you are “filing an 11b”.
3. He will give you a number, beginning with the letter O for “Other”.
4. Wait, wait and wait until you are called
5. Tell clerk that you would like your 4 copies of the Notice of Application sworn by a commissioner of oaths. (see screenshot below)
6. If the clerk is a commissioner of oaths, then she will do that (most are). Otherwise she will call someone who is. Have a photo ID with you.
7. Go to Prosecutors office to serve them.
8. They will stamp the four copies and keep one.
9. Now it’s time to serve the Attorney General of Ontario and Attorney General of Canada
10. Go to a fax machine. (Beware Staple charges $1.5 per page for long distance!)
11. Fax notice of application to Attorney General of Ontario
12. Fax notice of application to Attorney General of Canada
13. Keep fax receipts!
14. Now it’s time to fill out four 16B Affidavit of Services, two for each Attorney. (see attached sample)
15. Go back to Ticket Office (sardine room).
16. Get into the big line to pick a new number. Tell clerk you’re “filing an 11b”. You’ll get another “O” number.
17. Wait, wait and wait…
18. Tell clerk that you are serving the court. Show her the three Notices that you have.
19. She will stamp the three copies of the Notice of Application and keep one. The Court has been served.
20. Ask her you’d like to have the 4 copies of the 16B Affidavit of Services sworn.
21. This step is important because you are swearing and proving that you have served the Attorney General of Ontario and Attorney General of Canada.
21. She will keep two copies with fax receipts and you’ll keep the other two.
Now if anyone can help, it'll be greatly appreciated.

As I'm far away from Toronto, can I have someone do this for me? (Family member that rep'd me in court?)

Alternatively, from what it looks like steps 11 and 12 require leaving the actual court room and returning after, is there anyway to prepare this prior to arriving or can I just return on a different day to complete the process?

From what I've read before, it looks like I have to actually go to my designated court house to complete all of this right? Can't complete it/any of it in my city?

Just looking to save time+money.

Thanks!


tcon
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Unread post by tcon on

Does this 11b thing only work in Ontario? Or is it every province?


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Radar Identified
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Unread post by Radar Identified on

11B is a section of the Canadian Charter of Rights and Freedoms. It's valid in every province and territory

* BUT *

the procedures written in this thread work for courts in Ontario, and probably aren't the same ones that would be used in other provinces.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


iFly55
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Unread post by iFly55 on

akarimov wrote:thanks for posting the screenshot, because I didn't have that part in my tempate.

Also, I got two tickets at the same time and I had one courtdate for both charges.
Do I have to do all the paperwork for each ticket?
i have the exact same question

can both tickets be included in the same form?

______________________________

and also w.r.t http://www.ontariohighwaytrafficact.com/topic3881.html

can we re-write the form like this:

2. Jurisprudence - Copies of the Supreme Court and Ontario Court of Justice decisions - Askov, Morin & Andrade.

or add line another line

3. Jurisprudence - Copy of Ontario Court of Justice decision - Andrade.

______________________________

a quick question regarding the transcript if you've already had a trial. it doesn't appear we need to include the transcript with the application. i mean being present at the trial we can paraphrase what happened.

what is the significance of the transcript? why do we need the transcript from the old trial for the new trial?

is it to better help us write the 11b application?


redcaesar
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Unread post by redcaesar on

clyrrad wrote:Thanks Radar Identified - but how can we fax such a large document? More-over do we not need their stamp on all other copies of the 11B? I've made 6 copies following the guidelines on this thread, but the books are so large I dont see how we could fax it or get them to stamp all our other copies.

These are the guidelines i've been following:
The main points to remember are to:

1. Write your application for stay of proceeding and put it together as a document, which will serve as a motion for the constitutional question. Make six (6) copies and as you drop each one off (or have someone assist you in this regard) Ensure that you get all the applications stamped, and leave one with that person who stamped your application. The example I will use is in Toronto. I have prepared and signed off one application for stay of proceeding and I have made five (5) additional copies of it.

2. Serve it at the very latest, 15 days prior to the day that your trial is scheduled, to the Attorney General of Canada, Attorney General of Ontario, the Prosecutor at the Provincial Court where your trial is scheduled and to the Justice of the Peace, at the office where you applied for a court date to fight your ticket.

3. This is the method that you use while serving the application for stay document:
Make six (6) copies In Toronto, as an example, you would bring all six (6) copies of the application to the following

Places:
1. Department of Justice (Canada) (Ontario Regional Office) To serve the Attorney General of Canada Exchange Tower – located on 130 King St (just east of York St-on north side of King) Suite 3400, P.O. Box 36, Toronto, Ontario M5X 1K6 Go into elevator which travels to the 34th floor and get off with your six (6) copies and aks the receptionist to stamp all six (6) copies and leave him/her with one.The stamp will say “Service of a True Copy Admitted On – with the date” same as Ontario’s Attorney General.

2. Now you have five (5) stamped copies and next you go to the Attorney General of Ontario They are located at 720 Bay Street (west side of Bay, north of Gerrard St.) in a building called the McMurtry-Scott building (named after two former Attorneys General of Ontario) The Attorney General is located on the 11th floor, but you will never get there, it is on constant “lock-down”. You have to go to the phone in the corner of the lobby and phone and ask for a clerk from the “Constitutional branch” to come down and stamp your “Constitutional challenge”. Wait someone will come down, have them stamp the other 5 documents and provide the clerk with one. Now you have four.

3. Next stop is the Ontario Court of Justice office, Provincial Offences Act – Toronto South Office located on the second floor of 137 Edward St (just east of University, 1 street north of Dundas St. W). You have 4 stamped copies of the application for stay. You drop one off here for the Justice of the Peace. Have the clerk stamp them all four, and take away three.

4. Last but not least – Old City Hall – 60 Queen St. W at the Prosecutions Office in the basement – room E 12. Take you last three copies, have the clerk stamp them all and leave one and take away two copies. You may need both on the day of your trial and may end up sharing them with the Prosecutor and/or Justice of the Peace.
So you can see from the directions we are to make 6 books and have them stamped by each office as proof that they've been served. Could you please clarify how this could be accomplished via fax? Thanks for your assistance.
Locations 3 and 4 need to be swapped. Ontario Court of Justice now wants to see the prosecutors stamp before they accept their copy. I've done 2 of these now it this order after turned away at 137 Edwards because I had not been to 60 queen yet.
FYST!


iFly55
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Unread post by iFly55 on

I ended up including both tickets in one book and included R v. Andrade, but accidentally put the wrong date the offense was conducted in the first page (Notice of Application): instead of 2010 i put 2011; the sworn statement and ofc the ticket and trial notice have the right date.. hopefully that doesn`t screw up the application

I tried to submit my Affidavit of Service Form 16B to the Prosecutor`s Office, but they rejected it and advised they don`t need it and that it`s only for the courts

Spent $15 at Staples getting three books bound, and 30 minutes at home faxing 35 pages to both the Attorney General of Ontario & Canada. $2.50x2 for 137 Edward parking and $3.50 for 60 Queen parking, and full-day off work ... maybe $20 of gas driving back and forth from Bramption ... still cheaper than the $286 OTTLegal quoted


sy007
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Unread post by sy007 on

hi,

Thanks for the great guide. I been following it but I have a quick question.

I live in Markham near and I'm wonder does it matter which Ontario Court of Justice office, Provincial Offences Act Office that I go to? I got my ticket downtown but I don't want to drive all the way downtown to serve them can I just go to the Markham easy office?

Second question is can I also serve the Prosecution Office in the Markham East office or do I have to go to Old City Hall – 60 Queen St. W.


diehard
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Unread post by diehard on

sy007 wrote: I live in Markham near and I'm wonder does it matter which Ontario Court of Justice office, Provincial Offences Act Office that I go to? I got my ticket downtown but I don't want to drive all the way downtown to serve them can I just go to the Markham easy office?

Second question is can I also serve the Prosecution Office in the Markham East office or do I have to go to Old City Hall – 60 Queen St. W.
Aren't your two questions the same?

To request a date for trial after you got a ticket, you can go to any office.

With regards to filing an 11b, you have to serve the prosecution office where the trial will be held.


sy007
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Unread post by sy007 on

diehard wrote: I finally headed to the Toronto East Court Office (1530 Markham Road) to submit my application.

1. Go to Ticket Office (sardine room).
2. Get into the big line to pick a number. Tell clerk that you are “filing an 11b”.
3. He will give you a number, beginning with the letter O for “Other”.
4. Wait, wait and wait until you are called
5. Tell clerk that you would like your 4 copies of the Notice of Application sworn by a commissioner of oaths. (see screenshot below)
6. If the clerk is a commissioner of oaths, then she will do that (most are). Otherwise she will call someone who is. Have a photo ID with you.
7. Go to Prosecutors office to serve them.
8. They will stamp the four copies and keep one.
9. Now it’s time to serve the Attorney General of Ontario and Attorney General of Canada
10. Go to a fax machine. (Beware Staple charges $1.5 per page for long distance!)
11. Fax notice of application to Attorney General of Ontario
12. Fax notice of application to Attorney General of Canada
13. Keep fax receipts!
14. Now it’s time to fill out four 16B Affidavit of Services, two for each Attorney. (see attached sample)
15. Go back to Ticket Office (sardine room).
16. Get into the big line to pick a new number. Tell clerk you’re “filing an 11b”. You’ll get another “O” number.
17. Wait, wait and wait…
18. Tell clerk that you are serving the court. Show her the three Notices that you have.
19. She will stamp the three copies of the Notice of Application and keep one. The Court has been served.
20. Ask her you’d like to have the 4 copies of the 16B Affidavit of Services sworn.
21. This step is important because you are swearing and proving that you have served the Attorney General of Ontario and Attorney General of Canada.
21. She will keep two copies with fax receipts and you’ll keep the other two.

You’re done.
Thanks for the reply diehard, but let me clarify. I already got my Trial Notice and I'm trying to file 11b. But according to your original post that you went to Toronto East Court Office (1530 Markham Road) to submit your 11b and server the court.

My trial is going to held at down town 60 Queen Street west. Does that mean I have to go down town to file my 11b?


diehard
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Unread post by diehard on

sy007 wrote:
Thanks for the reply diehard, but let me clarify. I already got my Trial Notice and I'm trying to file 11b. But according to your original post that you went to Toronto East Court Office (1530 Markham Road) to submit your 11b and server the court.

My trial is going to held at down town 60 Queen Street west. Does that mean I have to go down town to file my 11b?
That is correct, you must file the 11b and serve the prosecutors and the court in the office where the trial will be held, ie, 60 queen street west.






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