NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE

CERTIFICATE OF OFFENCE NUMBER: XXXXXXXXXXXXXXXXXXXX

ONTARIO COURT OF JUSTICE

Toronto Region

BETWEEN:

HER MAJESTY THE QUEEN

RESPONDENT

AND

XXXXXXXXXXXXXXXXXXXX

APPLICANT

NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE

(Rules Of the Ontario Court of Justice in Criminal Proceedings)

Rule 26, Form 4

TAKE NOTICE that the applicant will bring an application at XXXXXX on the XXth DAY OF
XXXXXXX, 20XX, in Court XXXX, FULL COURT ADDRESS for an Order granting a stay of
proceedings.
THE GROUNDS FOR THIS APPLICATION ARE:

��.1 That the Defendant was charged on or about the XXth day of XXXXXXX 20XX with
the offence of OFFENCE AS STADED ON TICKET

��.2 That the Defendant made application for trial as set out in the rules of the Provincial
Offences Act.

��.3 That the Ontario Court of Justice fixed a trial date for the XXth day of XXXXXX
20XX, at COURT ADDRESS.

��.4 That this was the first trial date set for this offence, a Part I proceeding under the
provisions of the Provincial Offences Act.

��.5 That the total time from the issuance of the Offence Notice to the trial date is XX
months and XX days.

--2--

THE CONSTITUTIONAL ISSUES TO BE RAISED ARE:

��.1 That the time delay from committal to trial is excessive and unreasonable in a free and
democratic society.

��.2 That the delay causes prejudice to the Defendant.

 ��.3 That the societal interest in this matter is minimal and the interests of the Defendant are
applicable in greater degree due to the nature of the offences.

THE CONSTITUTIONAL PRINCIPLES TO BE ARGUED ARE:

��.1 That the delay in bringing these cases before the court is due to the failure of the
Government of Ontario and the City of Toronto to bring forth matters for trial in a timely
fashion.

��.2 That the Defendant has suffered prima facie prejudice on the matter of substantial delay,
and that the prejudice is inferred and actual from the length of the delay.

��.3 That the City of Toronto, due to its size and magnitude, has no comparable jurisdiction
within the province, and no comparative jurisdictions exist for comparison delay-study or
submission.

��.4 That the Defendant is a "Person Charged" as set out in the Charter of Rights and
Freedoms.

��.5 That the total length of the delay, 12 months and 13 days, is a result of both systemic
delay, and that the Defendant has not waived his rights under this section.

��.6 That the inherent time requirements of this matter are minor, that the investigation was
completed and the charges laid on the date of the offence and that the actions of the Defendant
did not lead to any delay.
STATUTORY PROVISIONS OR RULES UPON WHICH THE APPLICANT PLACES
RELIANCE ARE:

The Canadian Charter of Rights and Freedoms; in particular, sections 11(b) and 24(1).

--3--

IN SUPPORT OF THIS APPLICATION THE APPLICANT RELIES UPON THE

FOLLOWING:

The information and documentation before the court. The Defendant may lead viva voce evidence in
support of this application.

THE RELIEF SOUGHT IS:

An Order allowing the application and the granting of a stay of the proceedings.

THE APPLICANT WILL CITE THE FOLLOWING CASES IN SUPPORT OF THIS

APPLICATION:
R. v. Askov (1990), 79 CR(3 ) 273, 59 CCC(3 ) 449, 49 CRR 1, 74 DLR(4 ) 355, 75 OR(2 ) 673,
rd rd th nd

[1990] 2 SCR 1199, 113 NR, 42 OAC 81.

R. v. Morin (1992), 12 CR(4 ) 1, 71 CCC(3 ) 1, 134 NR 321, 8 CRR(2 ) 193, 50 OAC 241, [1992] 1
th rd nd

SCR 771.

R. v. Tsui 16 MVR(5 ) 109

th

R. v. Campagnaro, 2004 ONCJ 9

--4--

THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO

THIS APPLICATION

By service in accordance with Rule 5 at:

ENTER NAME AND ADDRESS AS ON SUMMONS

Telephone: XXXXXXXX

Facsimile: XXXXXXXX

Representative for the Defendant herein

________________________
 Signature

To: The Attorney General of Ontario The Attorney General of Canada

Constitutional Law Branch Suite 3400, The Exchange Tower

8 Floor, 720 Bay Street

th
Box 36, First Canadian Place

Toronto, Ont. M5G 2K1 Toronto, Ont. M5X 1K6

Fax: 416-326-4015 Fax: 416-952-0298

And To: City Prosecutors’ Office And To: Court Office

2700 Eglinton Avenue W. ADDRESS OF COURT WHERE TRIAL IS

SCHEDULED

Toronto, Ont. M6M 1V1

Fax: 416-338-7322