Told My 11b Motion Was Defective

dommy59
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Told My 11b Motion Was Defective

by: dommy59 on

I had a court date Fri 18th of May. This was the first time I filed an 11b motion and tried following all the steps only to be belittled and told by the Justice that my motion was defective with no further explanation other than it wasn't is job to educate me. I am uploading the 4f and 16b forms and would appreciate any input.

Thanks


FORM 4F


Courts of Justice Act


NOTICE OF CONSTITUTIONAL QUESTION


R. v. doe


NOTICE OF CONSTITUTIONAL QUESTION


The Defendant, ----, intends to claim a remedy under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to a violation of subsection 11 (b) of the Charter by the Government of Ontario. The defendant seeks the remedy of a stay of proceedings.



The question is to be argued on Friday, May 17th.,2013 at1:30 P.M., at # W6 ,York Civic Centre, 2700 Eglington Ave. West, Toronto, Ontario,

M6M 1V1


Offence: Speeding; PON#: 4862 999 00 0376688B-00; Offence Date: 02/05/12; Trial Date: 17/05/13; Time: 01:30 P.M.; Courtroom: W6.


The following are the material facts giving rise to the constitutional question: As shown above, 02/05/12, is the date of the offence and 08/03/13 was the date of the original Trial, 17/05/13 is the remanded Trial date. The period of time of the original trial constitutes an unreasonable delay.



The following is the legal basis for the constitutional question: The defendant has a legal right to be tried within a reasonable time. The defendant has not waived his right to a speedy trial, nor has the defendant been found at fault for the original delay. (R. v. Andrade, 2011 ONCJ 470 (CanLII.). The defendant's legal right to be tried within a reasonable time has been infringed and in doing so has violated the defendant's section 11 (b) Charter right. The defendant is requesting a stay of proceedings pursuant to Section 24(1) of the Charter.



April,5, 2013 John Doe

Toronto, Ontario

M3m 1b1

416 123 4567


TO

The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act)

Constitutional Law Branch

4th floor

720 Bay Street

Toronto, Ontario M5G 2K1

fax: (416) 326-4015



The Attorney General of Canada (as required by section 109 of the Courts of Justice Act)

Suite 3400, Exchange Tower

Box 36, First Canadian Place

Toronto, Ontario M5X 1K6

fax: (416) 952-0298


Office of the Provincial Prosecutor

York Civic Centre

2700 Eglinton Avenue West

Toronto, ON M6M 1V1


Office of the Court Clerk

York Civic Centre

2700 Eglinton Avenue West

Toronto, ON M6M 1V1




RCP-E 4F (April 11, 2012)



FORM 16B

Courts of Justice Act

R. v. Vecchi


AFFIDAVIT OF SERVICE


I, JohnDoe, of the City of Toronto, MAKE OATH AND AFFIRM:

1. I served the Attorney General of Ontario with the Form 4F, Notice of Constitutional Question by sending a copy by fax to (416) 326-4015 on April 5,2013 to the Constitutional Law Branch, 4th floor, 720 Bay Street, Toronto, Ontario.

2. I served the Attorney General of Canada with the Form 4F, Notice of Constitutional Question by sending a copy by fax to (416) 952-0298 on April 5,2013 to Suite 3400, Exchange Tower, First Canadian Place, Toronto, Ontario.

)

)

)

)

)

_____________________________

John Doe

Toronto, Ontario

M3m 1b1

416 123 4567


SWORN BEFORE ME )

In the City of Toronto )

In the Province of Ontario )

)

)

This ______ day of ___________ )

)

)

)

)

_____________________________

A Commissioner for taking Affidavits

RCP-E 16B (January 1, 2008)

tom1331
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Jr. Member
Posts: 32
Joined: Fri Dec 05, 2008 11:15 am

Posting Awards

by: tom1331 on

Did you remember to make the motion before entering a plea of any sort?


I've filed for 11B twice and twice was successful.


First time the prosecutor was nice and did everything for me, she called me up and told the JP i filed for an 11B and it was accepted.


The 2nd time I had to work for it and educate the prosecutor on how an 11B works.


I would agree with ticket combat's advice not to use any of their forms and to just type everything out yourself.

I also didn't bother with the faxing of copies to different places, I took the time and effort to go in person to drop off each copy at the respective offices and have them stamped.


I feel THAT WAY it shows the JP that I did my due diligence and I'm not one to cut corners and I put a lot of effort and detail in what I do.

I can personally say i served each place myself.

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