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Ontario Highway Traffic Act

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No disclosure, no time for 4F. Stay?
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PostPosted: Thu Nov 04, 2010 5:05 pm 
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Joined: Mon Mar 16, 2009 6:01 pm
Posts: 371
Location: GTA
I did not receive disclosure for a 128 case from the Crown. Unfortunately there isn't sufficient time to file 4F before the trial date. Can I still request a stay before I enter my plea or is an adjournment the best I can hope for? The original trial date is about a year after the offense date, so I would have an excellent 11b case if it got adjourned, but I'd like to save a couple of trips to the courthouse if possible.

Edit: I was thinking of using a hybrid of RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS Sec. 7, Subsec. 7 (A motion may be heard without notice....where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.) and R. v. Tran (2001), Paragraph 23, citation of R. v. Tauber (1987), where it was stated that "it is UNDOUBTEDLY the trial judge's duty to see that an unrepresented accused person is not denied a fair trial because he is not familiar with court procedure."

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PostPosted: Fri Nov 05, 2010 3:59 pm 
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Looks like none of this was necessary.. I walked into the courtroom and talked to the prosecutor. Here's how the convo went:
-You requested a disclosure, right?
-That is correct
-You did not receive it?
-That is also correct
-When did you request it?
-August...
-[that's where she cut me off] In this case I will not be proceeding with this matter.
This prosecutor was very fair and even after negotiating deals with a few suckers, still dropped the charges because their cops didn't show up. The cops had a 50% attendance record in this session (2 out of 4 showed up) Hell, one guy showed up to adjourn for a friend and the charges got dropped. The JP joked:
-You've won a great victory for your friend 8)
In the end, they dropped my charges "because the constable did not show up" (looks better to blame the cop for not showing up than to take the blame for not sending the disclosure package ;) ) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome :twisted:
This goes to prove that even if you're total idiot, dressed like a bum and uneducated about the court system, you should still make an appearance. You can easily luck out like everyone today.

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PostPosted: Wed Nov 10, 2010 3:54 pm 
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Joined: Tue Nov 09, 2010 8:58 pm
Posts: 27
Location: Toronto, Ontario
Thats another reason why eveyone should fight! More you fight the more they system gets clogged and the more it costs them to run this g_d forsaken sham!

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