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.