# Constitutional Issues
* see the Canadian Charter Of Rights And Freedoms
* Note: if you intend to make a Constitutional argument, you need to file a NEW!"Notice of Constitutional Question" under the Constitutional Question Act, at least 14 days before your hearing. If you fail to do this, you can usually get an adjournment to meet the process.
* There was a long delay between the date of the offence and the date you get in court, or because everyone is disputing their tickets, the courts are clogged and cannot hear your challenge for months -- the charges may be dropped if you can demonstrate prejudice. This may need to include extreme stress, disruption of family life, loss of witnesses, loss of evidence, loss of memory, etc. (see R. v. Morin,  1 S.C.R. 771, 71 C.C.C. (3d) 1, and more importantly R. v. Fagan (1998), 115 B.C.A.C. 106, 189 W.A.C. 106).
* Inequality -- are you denied rights because you received your ticket weeks or months after the alleged offence? Note: if you received your ticket within 25 days of the offence, you will likely not have an issue (see current case law in R. v. Hedayat below) -- however, after 25 days, you might be able to make a case!
* Inequality -- are tickets issued to all vehicles photographed, even those from outside the province?
* Inequality -- is the driver who gets a conventional ticket more equal than you?