Question about certain charter acts...

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Munchy

Munchy

Legacy Member
Taken from this thread:

http://www.montrealracing.com/forums/showthread.php?t=177273

http://www.magma.ca/~fyst/

Trial date scheduled more than 8 months away
The first thing I want to bring your attention to is your trial date and the offence date. Is the trial date scheduled more than 8 months away from the offence date? If no, skip this paragraph. If yes, you should know that if you have already changed your trial date multiple times, you would have waived your right to be tried promptly. But if the trial date is scheduled more than 8 months away through no fault of your own, then your right to a prompt trial (Charter of Rights and Freedoms, or Charter) may have been violated.

At least 15 days before the trial, file a form called "Notice of Constitutional Question" or something similar (FORM 4F, Courts of Justice Act). The purpose of this form is to give notice to the Crown that you wish to dispute the charge using Charter arguments. After you file the form, wait for the trial. At trial, when you are asked to enter a plea, state that "I ask that the charge be stayed on the grounds that my right to a prompt trial as guaranteed by the Charter has been violated, through no fault of my own, and that this unreasonable and undue delay has caused my inability to prepare a full answer to the charge and my inability to recall the details in the alleged offence due to such delay, and that such delay has caused lots of anxiety and stress to me for the past months". After you said the above statement, the court should dismiss the charge.

Click here for a sample of the Notice of Constitutional Question form. Replace the red text and modify the facts to suit your particular case. Send it to the addresses listed at the bottom of the form.
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Need to know if this is correct and valid in Quebec?

My dad asked the family lawyer and he said this only applies under criminal cases, but then I'm reading in that thread that traffic violations fall under a subsection of criminal law? I also didn't tell the family lawyer the exact charter, my dad just said I had found something...

So I'm lost and need to confirm... My infraction date is in May and the original court date was in February. Now it's been pushed back to a un-determined date, still waiting for a letter. All I did was contest it originally at the end of May 2004. It's been over the stated 8 months without any interference by me, so I need to know if that charter act is valid.

Thanks! :bigup:
 
I did search, your thread is on page 3 of this forum, but no one clearly answered the question.
 
the answer is NO, it's not true. I spoke to chaos this week for help about my own ticket and I asked him this question so I can know if it was true or not, and it's not, it NORMALLY takes 8 months to get an answer cause of the volume of tickets they handle.
 
fORTY2nSick said:
Im still trying my luck.
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if ur contesting a ticket try your luck with something more solid then that...I find you wont look to good if you try that, stating you dont really remember all the facts, and then when he denies it you try something else, when you just said you dont remember everything so how can you come up with another story...?
 
scarface2003 said:
the answer is NO, it's not true. I spoke to chaos this week for help about my own ticket and I asked him this question so I can know if it was true or not, and it's not, it NORMALLY takes 8 months to get an answer cause of the volume of tickets they handle.
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+1 :D
 
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