Filing Section 11b Application...

[PaisaMed]

1530 Markham Rd. Courthouse

Just wondering if anyone has recently submitted or, had their lawyer do so, an 11b application for unreasonable trial delay? Was it successful?

TIA

 

[GreyGhost]

I thought it was a pretty solid line at 18 months(attributed to the crown) for provincial offenses from R v Jordan.

 

[Evoex]

Yeah it used to be 11-13 months but since COVID they've been way more lenient.

Still worth filing, never know what luck may come your way. Send registered mail and save receipts/copies.

 

[hedo2002]

1530 Markham Rd. Courthouse

Just wondering if anyone has recently submitted or, had their lawyer do so, an 11b application for unreasonable trial delay? Was it successful?

TIA

Just remember ALL delays MUST be attributed to the crown, if you or your representative request an adjournment that portion of the delay does NOT go towards an 1b application

 

[PaisaMed]

Update: trial was originally scheduled for yesterday September 22 but a few weeks ago I filed for an adjournment which was granted and now the trial date is December 12. So, that delay is on me however, I filed the request for adjournment because I cannot get the officer's body cam video to play on my laptop even though I was able to get it to play on my cell phone. When the trial comes up in December it will almost 2 years to the day since the charge. Dec 23, 2023 charge date and Dec 12, 2025 trial date. So, I'm still thinking about the 11B application.

 

[Evoex]

Update: trial was originally scheduled for yesterday September 22 but a few weeks ago I filed for an adjournment which was granted and now the trial date is December 12. So, that delay is on me however, I filed the request for adjournment because I cannot get the officer's body cam video to play on my laptop even though I was able to get it to play on my cell phone. When the trial comes up in December it will almost 2 years to the day since the charge. Dec 23, 2023 charge date and Dec 12, 2025 trial date. So, I'm still thinking about the 11B application.

You delayed it, your 11b will likely be thrown out. You should have subtlety pressured the prosecutor to adjourn it on the basis you couldn't view the video.

@hedo2002 who posted above you is a good resource, he spent some time on 'their team'.