In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section 11B of the Charter of Rights and Freedoms guarantees you the right to a speedy trial. You can't just show up in court and say "this took too long to come to trial." You MUST file the paperwork. There is a lot of good, useful information out there about how to file an 11B. Generally, it must have been at least 11 months between the time you filed your ticket with the courthouse and the proceeding of trial. Keep in mind, though, the delays have to be attributable to the Crown. If you had a trial scheduled at 8 months, and then asked for a re-schedule because you were sick and the new time was 12 months after the ticket was filed, that is only considered "8 months." If, though, you asked for disclosure, and they didn't have it ready, that delay is "attributable to the Crown," and then it would be "12 months." In other words, you can't just keep asking for adjournments until it goes over 11 months and then file an 11B (unless it's the Crown's fault, e.g. no disclosure). You can file an 11B yourself, or you can hire a paralegal to do it for you. They both have their pros and cons, so you need to decide what is right for you. Be forewarned that filing this yourself requires a lot of work, and you still have to be prepared to present an argument in court. If you choose to file the 11B yourself, you'll need to do the following to get started: - Find your ticket - Find Notice of Trial - Gather any other court records (e.g. transcripts if you had a date in court already, etc) - Locate a Commissioner of Oaths or Notary Public Then the fun begins. You have to determine if you have a reasonable case for delay of trial. We already discussed the time line above. That comes from two precedent-setting cases, R. v. Askov and R. v. Morin cases. You should review them. Yes, it is a lot of reading! This website has some good information on how to put the paperwork together: http://fightyourtickets.ca/tickets/appl ... oceedings/ Some threads cover this extensively, such as this one: http://www.ontariohighwaytrafficact.com/topic2808.html diehard, in the post below, covers the steps to follow. Keep in mind that the clerks have very little training and sometimes you need to guide them, step-by-step, through what you are doing. For example, when I had to file the Affidavits of Service, it took almost eight minutes of going back and forth with the clerk before finally a Supervisor stepped in, stamped the forms and said "okay you're good to go." Just be patient. Stand your ground, but be patient, when filing. The exception to the filing process mentioned by diehard is the suffocating, depressing nightmare you will encounter at Old City Hall in Toronto. For a quick guide to that, please see this website: http://www.ticketcombat.com/step4/howtofile_harder.php 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 You need proof that you have served each party with the application. The Attorneys-General can be served by fax; you will need to retain the fax receipts and also swear an Affidavit of Service (form 16B) that you served them. The Prosecutor's Office and Court should be served in person. For details on how to do this, please see diehard's post below.
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge. If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you. S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html
Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.
If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.
S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.
iFly55 wrote:
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html
Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.
If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.
S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.
Hello I am getting ready to file a 4F under section 7 and 11b. Here is my case. Charged on Oct 30th, 2013 with going 87 in 60, charged dropped to 75 in 60 roadside. I requested a meeting with the prosecutor thinking they will drop the charge (bad thinking), they did not, so notice of trial was sent to me on Jan 8th for june 18th 2014. I requested disclosure twice, they sent me nothing, so I filed a 4F for non-dsiclosure. I argued my 4F but the justice only granted an adjournment for Nov 12th 2014. I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer. My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting. I also requested an early trial date through a letter I sent, but they left a voicemail saying the date I requested is not available and that I have to appear before a judge to change the trial date) My question is, do I use the same 4F for both section & argument and 11B? Or do I send 2 forms for each argument? Please advise, as I need to file the paperwork by this friday October 10th. Thank you
Hello
I am getting ready to file a 4F under section 7 and 11b.
Here is my case. Charged on Oct 30th, 2013 with going 87 in 60, charged dropped to 75 in 60 roadside. I requested a meeting with the prosecutor thinking they will drop the charge (bad thinking), they did not, so notice of trial was sent to me on Jan 8th for june 18th 2014. I requested disclosure twice, they sent me nothing, so I filed a 4F for non-dsiclosure. I argued my 4F but the justice only granted an adjournment for Nov 12th 2014. I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer. My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting. I also requested an early trial date through a letter I sent, but they left a voicemail saying the date I requested is not available and that I have to appear before a judge to change the trial date)
My question is, do I use the same 4F for both section & argument and 11B? Or do I send 2 forms for each argument?
Please advise, as I need to file the paperwork by this friday October 10th.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered. They sent me a letter saying they don't mail disclosure (BS) and I could get it emailed, faxed or picked up. I called the number and requested it be emailed then as I don't have time to attend; I'm away with work all the time.
Millstone wrote:
iFly55 wrote:
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html
Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.
If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.
S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.
They sent me a letter saying they don't mail disclosure (BS) and I could get it emailed, faxed or picked up. I called the number and requested it be emailed then as I don't have time to attend; I'm away with work all the time.
Looking at different guides, i am confused about which forms must be submitted for 11b application. Do i have to create 6 binders based on this sample: http://scopezoom.com/11b/StayPDF.pdf or is 4 copies of FORM 4F (1 page) completed enough? Confused...
Looking at different guides, i am confused about which forms must be submitted for 11b application. Do i have to create 6 binders based on this sample: http://scopezoom.com/11b/StayPDF.pdf
or is 4 copies of FORM 4F (1 page) completed enough?
Hi all, Great information on this site. It's been very helpful. Does anyone still have a copy of StayPDF.pdf?? It appears the original document was on scopezoom.com and the site appears to be down. Any help would be greatly appreciated, and I'd be happy to update my experience here with the latest info on the procedures. Thanks again!
Hi all,
Great information on this site. It's been very helpful.
Does anyone still have a copy of StayPDF.pdf??
It appears the original document was on scopezoom.com and the site appears to be down.
Any help would be greatly appreciated, and I'd be happy to update my experience here with the latest info on the procedures.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
Re: How to file an 11B
