I did not receive disclosure for a 128 case from the Crown. Unfortunately there isn't sufficient time to file 4F before the trial date. Can I still request a stay before I enter my plea or is an adjournment the best I can hope for? The original trial date is about a year after the offense date, so I would have an excellent 11b case if it got adjourned, but I'd like to save a couple of trips to the courthouse if possible. Edit: I was thinking of using a hybrid of RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS Sec. 7, Subsec. 7 (A motion may be heard without notice....where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.) and R. v. Tran (2001), Paragraph 23, citation of R. v. Tauber (1987), where it was stated that "it is UNDOUBTEDLY the trial judge's duty to see that an unrepresented accused person is not denied a fair trial because he is not familiar with court procedure."
I did not receive disclosure for a 128 case from the Crown. Unfortunately there isn't sufficient time to file 4F before the trial date. Can I still request a stay before I enter my plea or is an adjournment the best I can hope for? The original trial date is about a year after the offense date, so I would have an excellent 11b case if it got adjourned, but I'd like to save a couple of trips to the courthouse if possible.
Edit: I was thinking of using a hybrid of RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS Sec. 7, Subsec. 7 (A motion may be heard without notice....where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.) and R. v. Tran (2001), Paragraph 23, citation of R. v. Tauber (1987), where it was stated that "it is UNDOUBTEDLY the trial judge's duty to see that an unrepresented accused person is not denied a fair trial because he is not familiar with court procedure."
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Looks like none of this was necessary.. I walked into the courtroom and talked to the prosecutor. Here's how the convo went: -You requested a disclosure, right? -That is correct -You did not receive it? -That is also correct -When did you request it? -August... -[that's where she cut me off] In this case I will not be proceeding with this matter. This prosecutor was very fair and even after negotiating deals with a few suckers, still dropped the charges because their cops didn't show up. The cops had a 50% attendance record in this session (2 out of 4 showed up) Hell, one guy showed up to adjourn for a friend and the charges got dropped. The JP joked: -You've won a great victory for your friend 8) In the end, they dropped my charges "because the constable did not show up" (looks better to blame the cop for not showing up than to take the blame for not sending the disclosure package ;) ) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome :twisted: This goes to prove that even if you're total idiot, dressed like a bum and uneducated about the court system, you should still make an appearance. You can easily luck out like everyone today.
Looks like none of this was necessary.. I walked into the courtroom and talked to the prosecutor. Here's how the convo went:
-You requested a disclosure, right?
-That is correct
-You did not receive it?
-That is also correct
-When did you request it?
-August...
-[that's where she cut me off] In this case I will not be proceeding with this matter.
This prosecutor was very fair and even after negotiating deals with a few suckers, still dropped the charges because their cops didn't show up. The cops had a 50% attendance record in this session (2 out of 4 showed up) Hell, one guy showed up to adjourn for a friend and the charges got dropped. The JP joked:
-You've won a great victory for your friend
In the end, they dropped my charges "because the constable did not show up" (looks better to blame the cop for not showing up than to take the blame for not sending the disclosure package ) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome
This goes to prove that even if you're total idiot, dressed like a bum and uneducated about the court system, you should still make an appearance. You can easily luck out like everyone today.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Thats another reason why eveyone should fight! More you fight the more they system gets clogged and the more it costs them to run this g_d forsaken sham!
Thats another reason why eveyone should fight! More you fight the more they system gets clogged and the more it costs them to run this g_d forsaken sham!
Ok, so today i was driving down steeles ave and i got pulled over, the officer approached me and got my license and pulled it up.
he came back and said my license is suspended :O i had no idea or else i wouldnt be driving at all.....the reason for the license suspension was unpaid fines....
Hi everyone, after 12 years of clean driving, I got my first ticket. I had stepped out to grab a bite and left my valid licence in my other pocket. I had an expired "valid photo ID" licence in my vehicle that I keep just in case I need photo ID. I gave the officer that one and I told him my valid…
My teenager was in an accident last Sept where another car was rear-ended.
It was an accident in every sense...it was the middle of the weekday and the kids were looking for a chip truck in durham region. No speeding or racing, they were distracted trying to find it in an unfamiliar town and…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and…
this is ALL I got in terms of notes. No record of calibration before or after.
my question is, should I send a second request for the officer's notes from the day? or can I run with this and press the point that he didn't test the unit before or after?
Friend of mine was stopped and asked to blow into alcohol test meter just because he said he had 2 drinks earlier in the night (like 4,5 hours before being stopped). He wasn't behaving erratic or driving out of line. The officer said he noted him to pull behind few parked cars and then…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong…
) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome 
