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16 Months and Counting: Slow Court Process
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PostPosted: Sun May 16, 2010 3:23 pm 
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Joined: Fri Nov 06, 2009 2:48 am
Posts: 12
During February of 2009 I was accused of speeding 20km/h over the speed limit in Scarborough. I was convicted of the offense in April 2009, however because I did not receive a notice to appear, I appealed for a re-opening and was successful and a new court date was set for October 2009.

During my October 2009 court date the prosecution failed to provide a disclosure and they requested the trail date be adjourned to January 2010. During January 2010 again I successfully argued that the prosecution again has failed to provide me disclosure and the Justice of the Peace asked me to file an 11b Charter application and re-scheduled my trail date to this Tuesday (May 18th 2010).

During late March 2010 I was involved in serious car accident (broken bones, Physiotherapy etc...); I did not prepare the 11b application and have lost some documents (fax confirmations of disclosure requests) as result of water damage from rain in my totaled vehicle.

My court date is Tuesday, I don’t know what to do, what to say, what applications or arguments I should use to argue, please help me!!!!!!

P.S: It's been 16 months since I was accused of speeding.


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PostPosted: Mon May 17, 2010 1:54 pm 
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Joined: Tue Feb 02, 2010 9:47 pm
Posts: 38
wow. you're having a rough time with all if this.

you must submit the 11b to the prosecutor, the court, and the attorney general's office for both ontario and canada. 4 places.

given that you were in a car accident with some moderate to severe injuries I see no reason for the trail to be adjorned again provided that you bring proof of your accident. do you have a cast on because that will help if you want to say "i can't type therefore i couldn't prepare the paperwork in time."

now here's the thing, you have to be able to prove that at no time you gave up your right for timely trial.

as well any delay's on your behalf will not count towards your 11b arguement. so if it's been 16 months tomoro and they conclude that the last adjornment was your falt, then it's actually been 12 months.


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PostPosted: Fri May 21, 2010 10:44 am 
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Joined: Fri Nov 06, 2009 2:48 am
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The Court Day was pushed back to the 28th of May 2010.

The Prosecutor assigned was unable to attend, however the cop was there, still not enough time to prepare or submit the 11b charter application.

How do I prove without the submission of the 11b charter application that at no time did I give up my right to fair and timely trail?

Is it even possible to present a charter argument about the length of slow court process with having the correct applications, affidavit etc..?

Any help is appreciated!!


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