OHTA.ca

I received a speeding ticket last October 2010 and since then I have requested 5 time disclosure from the Crown. My trial was yesterday May 11. I followed all proper procedures and filed a Stay of proceedings based upon Section 7 of the Charter, not receiving full disclosure. When it was my turn before the JP, the prosecutor stated that there was not enough time to hear my motion and should adjoun till another court time which now will be August. This now gives the prosecutor time to fulfill his duty in supplying me disclosure.

What is my recourse now? What should happen next? What should I do? What legal actions can I take?

If you do receive disclosure then obviously a stay based on lack of disclosure is no longer applicable. That being said the Crown may still fail to provide the disclosure prior to your next Court date in which case you could again proceed with the stay. I don't think enough time has passed to proceed with an 11b motion, so you'll either have to hope the Crown is negligent in providing disclosure or fight the charge itself.

could i submit that the crown is prejudice and I cannot get a fair trial and file a subsequent stay based upon the Crowns actions?

I don't see how the Crown's actions are prejudicial. If there wasn't enough time to hear your motion, then that's just the reality of how backlogged our Court system is. I'm assuming the JP would have had to grant the request and you were likely given the opportunity to speak to the request. How does this prevent you from having a fair trial? All the delays certainly help for an 11b motion, and who knows, maybe the Crown still won't have provided disclosure by your next date and you can try for a stay again.

Well, i believe, your motion has spoiled your chances of getting your charge withdrawn in the first place. I had a speeding tkt in july, trial in apr, sent a SINGLE disclosure req in late jan and never received anything back. came to court, prosecutor (before the trial) looked at the date, confirmed fax number and said he will withdraw the charge, but i have to appear before justice. that simple. I believe, that since you had a motion filed, the JP had to hear your motion one way or the other, which made the prosecutor unable to simply withdraw the charge...

you have already sent 5 requests, so as long as you have the transmission recipits, registered mail recipits then don't make anymore requests. The crown may forget again. If they do make sure your motion gets heard next time and your ticket is gone. That is just my opinion though.