“Prosecutor Would Not Accept My 11b Form”

Hi guys,

I tried to file my f4 chap 11b form today for a speeding ticket. The prosecutor would not take it and would not tell me whats wrong with it. Here is the sample i used. As i undertsand it all you have to do is fax this to the prosecutor, the attorney general of ontario and Canada. Is the prosecutor confused about the law like i read on http://www.ticketcombat.com/ or is something wrong with it. Can someone who filed successfully in the past please help!! Thanks.

FORM 4F

Courts of Justice Act

Notice of Constitutional Question

Regina

v.

(My last name)

TAKE NOTICE THAT pursuant to the Ontario Courts of Justice Act, the defendant, (My name), will make an application for:

1. Short leave to be granted for this application;

2. Relief under Section 24(1) of the Canadian Charter of Rights and Freedoms on the following grounds:

a. That (his) rights under Section 11(b) of the Canadian Charter of Rights and Freedoms have been violated.

AND FURTHER TAKE NOTICE THAT the matter is to be argued on (day), (date), at (time), at (address of court house).

AND FURTHER TAKE NOTICE THAT the material facts giving rise to the constitutional question are as follows:

1. The offence number is (offence number);

2. The date of the alleged offence is (offence date);

3. The date set for trial is (trial date);

4. The date the defendant requested complete disclosure is (date);

5. The defendant did not receive disclosure until trial date;

6. The defendant moved to stay the charge due to lack of disclosure, and was denied;

7. Another trial was set for (new trial date);

8. That the defendant has been prejudiced by the post charge delay in bringing this matter to hearing.

AND FURTHER TAKE NOTICE THAT the grounds for this constitutional question are as follows:

1. The Crown was given ample time to prepare for the disclosure;

2. That the Crown failed to provide disclosure for the defendant to prepare a full answer to the charge prior to trial;

3. That the trial is further delayed through no fault of the defendant's;

4. No reason was given by the Crown to explain the delay in preparing disclosure.

Did you have your 4f sworn before a commissioner of oaths?

Please read my posts here from 26/11/2010 4:13 pm and below: http://www.ontariohighwaytrafficact.com ... 08-15.html

I didn't use a 4F, I used a Notice of Application for Stay of Proceedings (http://scopezoom.com/11b/StayPDF.pdf).

It has to be sworn before you serve the prosecutor.

diehard wrote:Did you have your 4f sworn before a commissioner of oaths?

Please read my posts here from 26/11/2010 4:13 pm and below: http://www.ontariohighwaytrafficact.com ... 08-15.html

I didn't use a 4F, I used a Notice of Application for Stay of Proceedings (http://scopezoom.com/11b/StayPDF.pdf).

It has to be sworn before you serve the prosecutor.

according to http://www.ticketcombat.com/step4/howtofile_hard.php all i have to do is fax the f4 form. Cn you explain who the commissioner of oaths is? If you can PM you your msn so i could ask you questions directly later today?

Yes, ticket combat confused me a bit.

If you read my post in this topic (26/11/2010 4:13 pm), you'll see the exact sequence I followed.

I was successful in serving everyone involved.

Note: commissioner of oaths -> the clerks working in the ticket office will do this for you, most of them are.

Commissioner of Oaths

*** Ask the clerk if they are a commissioner for taking oaths. If the clerk you are dealing with is not one, they will find one for you. It is very easy. Once you are in front of one who can swear your oath, present the affidavit or NOTICE OF APPLICATION to them. Also provide picture identification like your driver's licence to prove you are who you claim to be. Raise your right hand and state your name. The clerk will ask you if the information contained in the affidavit is true. Say "yes". Then sign the affidavit in front of the clerk. She will then sign it and stamp it.

Next say to the clerk, "I want to do this two more times." Repeat the steps above for the other two copies of the affidavit. Thus each affidavit will have an original signature and stamp. (You are doing this to avoid leaving to find a photocopier and then returning back to the court house.)

So i can't just fax up a storm with no affidavits? God damn hurdles. I'm going to do some more research as i don't want to take time off work again. I hope i can just fax it to them

mikus123 wrote:So i can't just fax up a storm with no affidavits?

Correct. You need proof that everyone was served.

diehard and I both filed 11Bs recently. (Go to Courts and Procedure and click on "how to file an 11B.") The link provides the correct format. The Prosecutor's Office and Court Clerks had no problem accepting them. As for the faxes to the Attorneys-General, I kept the fax receipts, typed out Affidavits of Service and then had them sworn before a Commisssioner of Oaths. You'll also need to retain the fax receipts.

Many people hire paralegals to do this work for them, because even if you know what you're doing, it is a royal pain in the ***.