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General Charter 11b App./case Law Citation Questions

Posted: Tue Jun 15, 2010 8:54 pm
by turnnotinsafety

Firstly id like to say this is a really informative website. Learned a lot.


I have a outstanding ticket the court date is over a year from the offence date. I didnt know about the 11b defense until a week ago. I prepared all the documentation including the form4f, factum and working on the affadivit. I need help with the affidivit.


I need help citing case law for my factum for my 11b application. Im using one found on the internet its really weel done im copying the exact thing but the guy who made deleted all the page numbers.

the citations currently look like this:

Reference: R. v. Askov et al. [1990] 2 S.C.R. 1199.


is this sufficent? I looked at the Canlii website and dont understand how i would page numbers or paragraphs or whatever it is can someone please help me?


Also in the TICKETCOMBAT website under "filing the easy way" in erlation to giving the documents to the court they said to fax everything and this does not require a affadivit. Does this mean a affadivit is not necessary when preparing a 11b application.


thanks in advance


Please answer asap and thanks in advance.


Posted: Tue Jun 15, 2010 9:25 pm
by Simon Borys

The details you provided are not consistent. You said you didn't respond to the ticket. If that was the case you should have been convicted in abstentia shortly after the charge was laid under Section 9.1 of the POA. But, you also said that you have a court date now...how did that come about?


Mistake`

Posted: Thu Jun 17, 2010 8:58 pm
by turnnotinsafety

my mistake i did respond to the ticket the prosecutor confirmed this its been so long that iforgot i even responded.


Posted: Fri Jun 18, 2010 1:22 am
by Simon Borys

Here's some info on case citation format


http://en.wikipedia.org/wiki/Case_citation#Canada