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Courts of Justice Act
Notice of Constitutional Question



(Last name of Defendant)

TAKE NOTICE THAT pursuant to the Ontario Courts of Justice Act, the defendant, (name of defendant), will make an application for:

  1. Short leave to be granted for this application;
  2. Relief under Section 24(1) of the Canadian Charter of Rights and Freedoms on the following grounds:

  3. a. That (his/her) rights under Section 11(b) of the Canadian Charter of Rights and Freedoms have been violated.
AND FURTHER TAKE NOTICE THAT the matter is to be argued on (day), (date), at (time), at (address of court house).

AND FURTHER TAKE NOTICE THAT the material facts giving rise to the constitutional question are as follows:

  1. The offence number is (offence number);
  2. The date of the alleged offence is (offence date);
  3. The date set for trial is (trial date);
  4. The date the defendant requested complete disclosure is (date);
  5. The defendant did not receive disclosure until trial date;
  6. The defendant moved to stay the charge due to lack of disclosure, and was denied;
  7. Another trial was set for (new trial date);
  8. That the defendant has been prejudiced by the post charge delay in bringing this matter to hearing.
AND FURTHER TAKE NOTICE THAT the grounds for this constitutional question are as follows:
  1. The Crown was given ample time to prepare for the disclosure;
  2. That the Crown failed to provide disclosure for the defendant to prepare a full answer to the charge prior to trial;
  3. That the trial is further delayed through no fault of the defendant's;
  4. No reason was given by the Crown to explain the delay in preparing disclosure.
(Name, address and telephone number of defendant or agent)

Provincial Prosecutor's Office
(copy address from ticket)

Ontario Court of Justice (if different from prosecutor's office)
(copy address from Notice of Trial)

The Attorney General of Ontario
Constitutional Law Branch
7th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: (416) 326-4015

The Attorney General of Canada
Suite 3400, Exchange Tower
Box 36, First Canadian Place
Toronto, Ontario M5X 1K6
fax: (416) 973-3004

(or Justice Building
239 Wellington Street
Ottawa, Ontario K1A 0H8
fax: (613) 954-1920 )

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