Sample: Notice of Constitutional Question
|IMPORTANT NOTICE: The information presented here is based upon best available information at time of posting. SENSE does not assume any liability pertaining to the accuracy of the information presented. Readers are advised to verify information they intend to rely upon.|
The following is only intended as a sample. It may or may not meet the requirements of the court or the Crown. Please advise SENSE if you have any problems or suggestions for this form.
This form is adapted from one found at Criminal-Law.net, and is intended to meet the requirements of the BC Constitutional Question Act when raising section 11(b) unreasonable delay arguments under the Charter of Rights and Freedoms. Please read the legislation for additional information.
If you intend to argue that the photo radar law itself is unconstitutional, rather than unreasonable delay arguments, you will need to make further changes or additions to the form -- however... you should read the arguments made in the Stead/Tri-M Systems case before wasting your time or the courts. The point(s) you intend to argue may already be settled.
Complete the form by replacing the information in pink with your correct information and provide copies to the provincial and federal Crowns at least 14 days prior to the date of hearing.
The address for regional crown counsel is available either in the blue pages of your telephone book or by contacting Enquiry BC.
|Sample: Notice of Constitutional Question|
Violation Ticket No. SC123456789
IN THE PROVINCIAL COURT (TRAFFIC) OF
John William Smith
NOTICE OF APPLICATION under section 8(2)(b)
of the Constitutional Question Act,
[R.S.B.C. 1996] c.68
TO:Your local Crown office
Attorney General of British Columbia
Attn: Crown Counsel
Attorney General of Canada
Attn: Constitutional Questions Act Notice Coordinator
TAKE NOTICE THAT pursuant to Section 8(2)(b) of the Constitutional Question Act the Accused, John William Smith, will make an application for:
- Short leave to be granted for this application;
- Relief under Section 24(1) of the Canadian Charter of Rights and Freedoms on the following grounds:
- That his/her rights under Section 11(b) of the Canadian Charter of Rights and Freedoms have been violated.
AND FURTHER TAKE NOTICE THAT this application will be argued before the Presiding Justice of the Peace at the trial on this matter, scheduled to commence on January 1, 2000, in Vancouver Provincial (Traffic) Court.
AND FURTHER TAKE NOTICE THAT the grounds for this application are as follows:
- The date of the alleged offence is January 1, 1998;
- The date the Violation Ticket was completed by the enforcement officer is January 15, 1998;
- The date the Accused received the Violation Ticket is June 15, 1998;
- The Accused received the Violation Ticket by personal service/in the mail;
- The date the Accused filed/mailed a Notice of Dispute is July 1, 1998;
- That the Accused received a Notice of Hearing by mail on October 1, 1999;
- That the Notice of Hearing specified the matter to be heard in Court on January 1, 2000;
- That the Accused's defence has been prejudiced by the post charge delay in bringing this matter to hearing. [You will need to provide additional detail as to the "nature of your prejudice as a result of the delay".]
DATED at Vancouver, BC, on December 1, 1999[signed]
John William Smith
Accused/Counsel for the Accused
Name and Address of Counsel/Accused:
Tel: (604) 555-5555
Fax: (604) 555-5555