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Do you think your traffic court trial has taken too long to get to court?
Interesting article about using 11B charters in Canada
Written By Gary Parker Licensed Paralegal Most people who are in this situation believe they can show up at court and announce to the judge that it has taken more than a year from the time they received their ticket until the day of trial and therefore the judge must throw their case out. Sadly, for most who try this, (and I see it often) they hit the legal brick wall. The judge may quickly note that you have not filed a Charter Application and you will not be successful. You will now be faced with a trial and the "carpet has been pulled out from under you" leaving you dazed and confused. have even seen people who have filed a Charter Application fail. They either haven’t filed it in time or they hear from the prosecutor, who also has a say in the matter, who will correctly point out to the judge that a Charter Application has not been served on the prosecution nor on the Ontario Attorney General nor on the Canada Department of Justice. The judge will have to agree and once again they are left with the wind taken out of their sails. |
toronto traffic courts always take long, i have a few tickets for retarded things like cracked windshield, tires, ebrake( which had not problem at all a hole cop). but yeah they said theyll mail my court date in 6 months then itll prolly be like a couple months from when they mail it and by then im sure my receipts will go missing, or uno how they tend to fade out after a while.
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Might also be good to point out the charter states "reasonable time," so a year is arbitrary, judges have discretion, many cases go to trial even after a 16mnths.
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For a full explanation of how it works, how to make the argument and what the justice looks for when deciding to allow it or not, see: http://www.ticketcombat.com/step4/works.php
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