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Re: How To File An 11b
Let me start by saying thank you so much for all of the awesome information on this website!!! Really, most of us would not be able to do any of this stuff without sites like this, and I found this one particularly helpful.
So, I just wanted to contribute to this board by sharing my own experience. I won't have an outcome to share for a few weeks, but once I have my court date I will absolutely let everyone know if I was successful! I basically ended up using primarily the approach suggested here, but tweaked to fit my case (e.g. parking ticket; trial in Toronto at 70 Centre St., which is only courtrooms and only for parking tickets, as I understand it...no real clerks or anything - though a bunch of really nice, pretty funny security guards who wished me well and tried to help me find a clerk), and my complete lack of time or money (e.g. an extra fax and one less "house call" to serve paperwork). So, here are the steps I took, once I had my application ready to go:
1. Since trial is at 70 Centre St. and there are no proper clerks there, I went to 137 Edward St. (in hopes of avoiding Queen St. altogether), 2nd floor. Waited at first window (information window, I believe), and told them I was filing an 11b. They gave me a number starting with "M" for motions. I waited, and when I was called to the window, I told them I needed 3 copies of my Notice of Application... sworn.
2. Faxed my application to Attorney General of Canada, Attorney General of Ontario and to the prosecutors office at 60 Queen St. (416-338-6986).
3. Returned to 137 Edward St., and repeated process of going to information window, stating I was filing an 11b, and getting an "M" number. Waited and waited.
4. Swore and signed 6 copies of 16F affidavits, 2 copies for each of the 3 faxes sent. Then gave them one of my 3 copies of the application (which they stamped and kept), along with one copy of each of the three 16Fs, and a copy of each of the 3 fax receipts. Then they stamped my other 2 copies of the sworn application, which I took back with me, along with my copies of the 3 fax receipts and the 3 sworn 16Fs.
All told, I saved myself 3 personal visits to the Attorney Generals offices, and Queen St. I saved myself $30 on faxes by walking into various small businesses in my neighbourhood and explaining that I had "gotten myself into a bit of a pickle" (i.e. not realizing what was involved in filing an 11b), until someone took pity on me and sent the faxes for me! I did tell them that I hoped that my doing all of this would in some small way contribute to their ability to fight their parking tickets in the future (e.g. taking up court time, helping establish our 11b rights in similar cases, etc.), should they need to.
Other notes:
-My original court date was just a few days over a year from the offence date.
-I did get an adjournment so I could file all of this paperwork, and I did not request transcripts from the first date, but as advised on the other site I will say something to the effect of "your Worship, I do not have the transcripts, but I was there, and I am happy to swear to what happened, if this would please the Court."
-Also, I did not include the actual previous cases (Morin, Askov, Andrade), but did include a tab for Jurisprudence in which I stated:
The following is the legal basis for the constitutional question:
According to the Canadian Charter of Rights and Freedom, Section 11(b), any person charged with an offence has the right to be tried within a reasonable time. The right to have charges stayed when section 11(b) is violated has been supported by the Supreme Court of Canada (R, v, Askov, [1990] 2 S.C.R. 1199; R. v. Morin, [1992] 1 S.C.R. 771). Furthermore, delays of just over 11 months in "minor offences" have been deemed unreasonable and to be in violation of Section 11(b), mandating a stay of proceedings (R. ex rel City of Toronto v. Andrade, 2011 ONCJ 470).
This seems to me to satisfy the legal requirement of providing a legal basis for my constitutional question, though in retrospect perhaps I should have left out the actual words "...constitutional question" since I didnt file a 4F. Also, probably should have picked up on the "s" missing from the end of "...Rights and Freedom." Should they bother me about not including the cases, I would simply respond that I was certain they would be very familiar with the cases, and I truly apologize if this is not the case, but hope that the citations were helpful, if they needed to look them up." Too sarcastic? I dont know – but Im not sure I care anymore...this is so much work, its crazy (though in all fairness most of the work came from having to figure it all out)!
-I did not have my ticket, as I did not request disclose (didnt realize I should until it was too close to the date)...they, of course, have it, as they take it when you file for a court date in the first place, leaving you with just the intention to appear slip. I did include both notices for both court dates.
So, my date is at the end of April – I will update as to how it works out, so that others will know if my approach was successful (e.g. faxing prosecutors office instead of going in; not having transcripts, etc.).