Delayed trial

MANAS.MUKHOPADHYAY
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Delayed trial

Unread post by MANAS.MUKHOPADHYAY on

I have 2 minor tickets from the same incident in Quebec for more than 2 years and I am yet to get a Court date. Are there any rights for the drivers against such a delayed trial ?


bend
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Unread post by bend on

I'd check your abstract to see if there's been any convictions relating to these offenses.

Delays aren't usually found in waiting for notice of trial letters. It's quite possible there's been a mistake somewhere in the process.


MANAS.MUKHOPADHYAY
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Unread post by MANAS.MUKHOPADHYAY on

Bend, I call them (the Court) every 3 months and they tell me that I didn't get a date yet. Last I called them was in Feb 2013.


tdottopcop
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Unread post by tdottopcop on

MANAS.MUKHOPADHYAY wrote:Bend, I call them (the Court) every 3 months and they tell me that I didn't get a date yet. Last I called them was in Feb 2013.
Who knows if they are jerking your chain or blowing you off - take Bend's advice and check your abstract to see if you have a conviction for the offence.

If not, you're protected under the Charter 11(b) for unreasonable delay of trial... typically the delay becomes unreasonable if, because of the government, you're not granted a trial within 11 months of the offence date (seems to apply). In the meantime, check your abstract.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


MANAS.MUKHOPADHYAY
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Unread post by MANAS.MUKHOPADHYAY on

What is the process of checking the abstract ?


MANAS.MUKHOPADHYAY
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Unread post by MANAS.MUKHOPADHYAY on

Thanks Bend and Topcop, just called the Quebec Courthouse and they confirmed that I had a trial date back in Oct for 1 of the tickets. I never knew it but they dropped the charges for that one. The date for the other one is tomorrow, I already sent a request for postponement.

11(b) doesn't apply to the province of Quebec as it does for Ontario. Seems a delay of 2 yrs is normal in Quebec.

Rgds/Manas






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