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What to include when filing a form 4F - a question

Posted: Mon Jan 22, 2018 9:03 am
by Seoul
Hi,

Planning to file a form 4F today. Applying for a stay based on the length of time it has taken to get to court.

I have some case law from CANLII that shows the length of time from my ticket to my court sate violates my rights to a speedy trial (13 months).

Here's the question...do I submit the case law with the form 4F or do I hold it until I get to argue for the stay once in court. Please advise, I have no lawyer and don't want issues with the way I file this if at all possible.

Thanks!

Re: What to include when filing a form 4F - a question

Posted: Mon Jan 22, 2018 2:16 pm
by Whenaxis
You will likely not be successful in seeking a stay.

The Supreme Court has held in R. v. Jordan (https://scc-csc.lexum.com/scc-csc/scc-c ... 7/index.do) that unreasonable delay is 18 months in provincial trial courts.

If it has been less than 18 months between the offence date and the trial date, the burden is on you to show that the delay is unreasonable. You must show that you took "meaningful steps that demonstrate a sustained effort to expedite the proceedings" and "the case took markedly longer than it reasonably should have."

"Absent these two factors, the s. 11(b) application must fail. Stays beneath the presumptive ceiling [of 18 months] should only be granted in clear cases."