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: Charter Argument for Ticket Dispute Delay

skidmark
03-04-2009, 08:15 PM
There was some recent case law on this:

http://www.drivesmartbc.ca/case-law/case-law-r-v-drummond
CRS
03-04-2009, 09:53 PM
17 months.. hahaha I'll note that down.
impactX
03-04-2009, 11:33 PM
LOL I wonder how many work/vacation days he used to save a mere $600 dollars. The again, who in the right mind would speed excessively while not wearing a seatbelt.
sho_bc
03-05-2009, 10:32 AM
Good read and good to know. Although, I have heard arguments on behalf of the crown coming from the JJP that ignorance of proper notification must be made to the courts that there will be a Charter challenge is not an excuse and that part of the accused's argument was dismissed.
03terminator
03-05-2009, 03:58 PM
Actually, I am looking into this right now after 13 months. You must show that the delay prejudiced your defense. Its not the time delay itself that is examined but the that the delay diminished your defense with no fault of yourself. This has been successful in as little as 8 months. Over a year is a strong case. Time is calculated from receipt of ticket to first court date. Any delay on your part is not counted.
sho_bc
03-05-2009, 04:03 PM
Actually, I am looking into this right now after 13 months. You must show that the delay prejudiced your defense. Its not the time delay itself that is examined but the that the delay diminished your defense with no fault of yourself. This has been successful in as little as 8 months. Over a year is a strong case. Time is calculated from receipt of ticket to first court date. Any delay on your part is not counted.

Be sure to submit your Charter argument before the trial date if thats the route you're choosing. Like I mentioned, I have seen JJPs throw that argument out right away on people who come to court having not done anything about it prior to trial.
03terminator
03-05-2009, 04:10 PM
Be sure to submit your Charter argument before the trial date if thats the route you're choosing. Like I mentioned, I have seen JJPs throw that argument out right away on people who come to court having not done anything about it prior to trial.

Yes, you are correct, you need to file 2 weeks prior to your court date. You can get a package at the Crown Council office at the courthouse on Robson. You need to show that the delay caused prejudice.