Wanted to share a link to the most recent update on the R. v. Vellone appeal being brought forward by the Crown. The judge has ruled to allow the appeal, concluding that the judge in the previous Vellone appeal erred.
Interestingly, it looks as if though it may not be necessary to serve the Attorney General of Canada as HTA and POA offenses are an Ontario matter. It will be interesting to see how this unfolds.
I'm trying to plan out whether I need to take the whole day off work, how long did this process take for everyone? I'll be at Old City hall.
Take the whole day off work. It's a process similar to pulling teeth.
Thanks for the response. Do you/anyone know whether there's been success of filing for a stay via fax method?
Also, how important is it to have the original notice of trial along with transcripts?
Alright so just an update: a paralegal is willing to file an 11b for me but the process is all done through fax?
Please try to respond asap as I need to know tonight!
Now, I understand the court date could be rescheduled due to lack of "Disclosure". But, how long in advance should you request the disclosure, so the prosecutor cannot argue that you gave a short notice on purpose to delay the trial?
Would you request the disclosure by mail/in person/by fax?
Who do you give the two binded copies to? the court and the prosecutor? or do you hold on to a binded copy and give it to the judge on the day of the trial? any help would be greatly appreciated.
Hoodedvillan wrote: Who do you give the two binded copies to? the court and the prosecutor? or do you hold on to a binded copy and give it to the judge on the day of the trial? any help would be greatly appreciated.
If you're talking about the 2 bound copies of the 11(b) Charter motion you serve one on the prosecutor but then you still have to file the other one with the court IN ADVANCE of the trial - not on the day of.
I was wondering the other day, if you get two tickets by the same officer on the same day, and if you are two file an 11(b) motion after receiving the court date, is it one procedure (set of documents) for both tickets? Or do you have to file both tickets separately?
Attended my trial today after filing 11B and won! Will share my experience to help others to prepare for next steps after filing 11B.
1/2 hour before allotted time, prosecutor talked to all the accused one-by-one and offer everyone an identical deal - $60 and no demerit points. However, when I came up and told the prosecutor my name, she just highlighted my name to indicate I am present, and ask me to sit down and wait. I am the only one she did not make an offer.
After all the guilty pleads are done (only 30 minutes after it started, an full room of 20+ people are done, each took less than a minute), I am the last one to go up.
I went up, state my name, then prosecutor said she is withdrawing the charge.
So it seems like the prosecutor will automatically withdraw charges if you file the 11b paperwork properly.
If c >= 9 months, you have a case for 11b. In my case, c = 9.5 months, and I filed 11b paperwork 1 month before trial date.
vincci wrote: Attended my trial today after filing 11B and won! Will share my experience to help others to prepare for next steps after filing 11B.
Congratulations. You were within the period, but I believe 11 months is a bit too short, judge could have rejected the 11b motion.
Anyway, what court office was this?
1. You said that you filed on the basis of Andrade. Did you attach the case of Akov and Morin?
2. Which court house was it?