This is considered a fatal flaw. What does it say under did commit the offence of? Try and find that EXACT thing int he HTA.... You will not be able to, and as such, without the section the charge does not exist. The crown would NOT be able to convict on that fact. Also, the fact that the section number is missing prevents you from answering the charge against you. This infringes on your section 7 charter rights. My advice. Don't request disclosure. Show up for trial, and BEFORE you plead, say to the JP. I would like to bring forth a motion before the court that the charge against me be quashed as the offence bears a fatal flaw on it's face. You will be asked to point out that flaw. Tell them there is no section number on the offence notice, and that the charge does not exist as written on the ticket, in the HTA.
If they don't throw it out based on that. Then just proceed.
You then have grounds for appeal on two grounds
1. You were unable to answer to the charge against you as you were not informed of that charge.
2. You were unable to make a proper defence to the charge since no charge was listed, you were unable to seek proper disclosure.
Hope this helps.
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