Many more don’t know or don’t have the time to contest so just pay. We are advocating for the City and Province to fix the root cause which is aggressive targeting of known traffic engineering deficiencies in proper and safe speed limits, ambers times, signage and more. More people need to do the same.
The Crowns office has started calling the accused about a simple traffic ticket you previously plead not guilty to asking if you know what options on the back of the ticket and if you want a 15 min meeting to discuss your ticket with a Crown Attorney. You can ask for earlier trial. You can ask for information / disclosure from the Crown about your ticket. Officer notes and diagram or Photo Enforcement discovery package. If you want you can say you want the facts to be heard by a Provincial Justice and put on the record.
Crown offering half off fine plea bargain to change plea to guilty or guilty with explanation. Some of the Crown in Traffic court has been known to lie or mislead about operator or officer being present when they not plus there is many valid points to argue for unfair or illegal tickets.. If you well prepared with the facts they have stayed / dropped in advance or right before trial starts. Worse case if you not well prepared or Provincial Justice ignores the facts you will be offered or can ask for reduced fine and time to pay and likely have grounds to appeal.
Not the tidiest but it is a good start.
Filling Charter 11b delay motion for unreasonable delay of 18 months or more for simple traffic matter as per R v. Grant, R. v. Segodnia, R v. Yaworski (2016 MBPC) (based on R v. Askov), related decisions from Manitoba Courts and the Supreme Court ruling R. vs. Jordan. The original Grant decision found 4-6 months was reasonable for simole matters at Provincial Court but later questionable appeal decision from Justice Vic Towes ruled 18m but was granted leave to appeal to the MB Supreme Court. The Crown met with or discussed the appeal with the accused without their lawyer and then they decided to drop the appeal which is very concerning.
You need to fill out a formal Notice of Application that formally outlines your argument of how the delay has caused prejudice or hurt your case. You need to make 5 copies of it and file 1 with the local Attorney General Office of Canada, 1 with the Crown, 1 with the Court and 1 with the Constitutional Law Branch. Has to be done min. 30 working days prior to your court date but see note below about checking for earlier court date. Addresses below.
Keep a copy for yourself. You also need to have your copy stamped by each office confirming they have received it, and you reference or include any case law that supports staying your case for the delay. Such as R vs Askov, and the recent cases.
** You may not need to do this part: see update below regarding Jordan (SCC)
You need to file your own statement (Sworn Affidavit) with it stating how the delay has hurt your case and then you need to put that into an affidavit signed by a Commissioner for Oats, Barrister and Solicitor (Lawyer) or Notary Public. Some charge $50 but check around. It is definitely technical. If you don’t have the signed affidavit your may get denied or may be allowed to reschedule. This must be filed with the Provincial Court as well (see address for Wpg below). Make a copy and they take the original and stamp your copy.
If you file too late they will try to point that out (min 30 days). The accused and the crown need to both make an effort to find an earlier trial date if there is a considerable delay. If the accused waits till the last minute on purpose it could be argued that they were using 11b as a Sword rather than a Shield as intended which the Supreme Court has never allowed.
There is several references to the responsibility of the dealy in R v. Grant (MBPC) 2016 and R. Segodnia (2016) and other case law that is relevant.
If enough people file these for unfair or illegal tickets that get unreasonably delayed hopefully the Province will stop ignoring the root cause (abusive traffic enforcement) plus stay all of these 4-6 or more month delays. Many over 1-2 years or more. Until then though you need to follow the rules on filing the 11b.
Filling a Application for Delay Motion
Print off 1 copy of the following and complete as per below and make 4 copies (5 total) or print 5 blank copies and complete. They do have a copier you can pay to use with coins on main floor 408 York Ave.
Notice of Application
PRACTICE DIRECTIVES FOR CONTESTED APPLICATIONS IN THE PROVINCIAL COURT OF MANITOBA
Pages 26-27 (and 28 if you are being represented by a Lawyer)
The court said this was acceptable but there is a specific Application for Delay Motion that is normally used.
Relief sought is:
Stay of proceedings
Grounds for the application are:
charter 11b, unreasonable delay by the Crown, offense occurred ___, __, ____ , which is xx months or xx days agao
Decisions or caselaw you going to rely on
You are typically supposed to file the cases you’ll be relying on with the court (in this case Provincial court (e.g. 408 York 100d)
R vs. Askov
R. v. Jordan, 2016 SCC 27
Jordan ruled if the trial unreasonably delayed by the crown it is automatically presumed that the delay has prejudiced the accused (this should mean you don’t to do application at all or at least don’t need a Sworn affidavit signed as per above demonstrating how this delay has prejudice your trial.
This not tested but will be testing it soon and will post update
If you want to play it safe include it.
e.g. It was so long ago I don’t recall the details of time or exactly where other than I was very mad …
Jordan states more than 18 months for criminal matters is unreasonable.
This is simple traffic matter
4 – 6 months or more delay by the crown for simple traffic matters is unreasonable as per the following MB Provincial court decisions
R v Segodnia, 2016 MBPC 29
For Police issued traffic ticket
R v Grant 2016-05-18
(Askov delay motion decision) (ManProvCt)
Photo enforcement ticket
Note this being appealed by the Province but I think it should not even have been allowed to be heard based on above supreme court decisions. They using it as a stall tactic to salvage as much $afety revenue as they can with phone calls and meetings from staff diverted from more important courts, misleading info and half off fine deal to change plea.
Law Courts Building
408 York Ave, Winnipeg, MB,
8:30 a.m. to 4:30 p.m
Check with the clerk what dates, rooms and times are available to have you applicatin heard or call ahead and ask. You specify on the form when and wherw you will appear before a Justice for your application hearing
They are only seated during certain days and times of the week.
in my case I choose a Thur in RM 403 2pm
You file a copy here and they check it over and stamp your copy.
Constitutional Law Branch.
MB Justice Building
12th Floor 405 Broadway, Winnipeg
Prosecutions – Crown’s Office
MB Justice Building
510 – 405 Broadway, Winnipeg MB R3C 3L6
8:30 a.m. to 4:30 p.m
Attourney General Canada
Prairie Regional Office – Winnipeg
Department of Justice Canada
Suite 301, 310 Broadway
Winnipeg, Manitoba, R3C 0S6
(9am?) – 5pm