Violation Ticket # *
* Provincial Court
IN THE PROVINCIAL COURT OF BRITISH COLUMBIA
HER MAJESTY THE QUEEN
NOTICE OF APPLICATION FOR CONSTITUTIONAL REMEDY
TO: Attorney General of Canada
Department of Justice
900-840 Howe Street
Attention: Crown Counsel
AND TO: Attorney General of British Columbia
Box 9280, 9th Floor
1001 Douglas Street
Attention: Crown Counsel
AND TO: Crown Counsel
Robson Square Provincial Court
800 Hornby Street
TAKE NOTICE that an application will be brought on behalf of the accused, your name
, before the presiding Judge of the Provincial Court of British Columbia, *, in the *of *, in the Province of British Columbia, at * p.m. on the * day of *, 20*, for a stay of proceedings with respect to the charges contained in information number ticket number
pursuant to s. 24(1) of the Canadian Charter of Rights and Freedoms, Being Part 1 of the Constitution Act, 1982.
Relief will be sought on the basis that:examples - you need to figure out which one, if any, applies to your situation - but keep point number 6
1. The Accused’s right to be tried within a reasonable time granted by s. 11(b) of the Charter of Rights and Freedoms has been infringed;
2. Section 7A.01 (or whatever)
of the Motor Vehicle Act Regulations offends section 7 of the Charter of Rights and Freedoms and is void for vagueness;
3. The investigative tests employed by the Vancouver Police offend Section 7 of the Charter of Rights and Freedoms;
4. The Accused’s right to be free from unreasonable search and seizure guaranteed by section 8 of the Charter of Rights and Freedoms were violated;
5. The Accused’s rights pursuant to sections 7, 8, and 11 of the Charter of Rights and Freedoms have been infringed; and
6. The violation of the Accused’s Charter rights cannot be justified under s. 1 and the Accused seeks to have the charges against her dismissed pursuant to s. 24(1) of the Charter of Rights and Freedoms.if all you are doing is making the application based on delay then add this in after the 11(b) notice (point one in this form)
AND FURTHER TAKE NOTICE THAT the grounds for this application are as follows:
1. The date of this alleged violation is ___________, 20__.
2. The date the Violation Ticket was completed by the Enforcement Officer is ________, 20__.
3. The date the Disputant received the Violation Ticket by personal service (if that is the case)
is _________, 20_____.
4. The date the Disputant filed a Notice of Dispute is _____ or UNKNOWN.
5. The date the Disputant received a Notice of Hearing Date by mail is (on or about) ______, 20__.
6. The date of the Hearing is (as per the Notice of Hearing Date) ________, 20__.
7. The Disputant applied for an adjournment of ________, 20__.
8. That the Disputant’s defence has been prejudiced by the post charge delay in bringing this matter to hearing.
9. The Disputant is seeking a Judicial Stay of Proceedings in the above matter due to his/her Charter Rights being violated.
Your NameYour name and mailing address