I have done fairly extensive on-line research on disputing tickets and, in particular, requesting a stay based on the Charter issue related to delay. It is now in the 18 month range from date of offence to my scheduled first appearance.
I have found a lot of interesting material related to how to raise a Charter issue in other Canadian jurisdictions like Ontario, such as the kinds of forms you need to file, the style of cause etc.
I can find very little about this related to traffic disputes for BC and that does not really help us newbies in trying to navigate the process from the beginning.
The Ministry of Justice website does not even refer to the right of citizens to file a Charter argument in Traffic Court (or any other jurisdiction for that matter) and makes no mention of the law or kinds of forms that need to be filed. Also, there is nothing on their site related to requesting disclosure.
It is like the BC government does not want citizens to know their legal rights in such matters.
Anyway ... I have gleaned from your site that disclosure requests in BC need to be sent directly to the officer involved and I have taken that step. Thank you for that.
And while I acknowledge your advice about consulting a lawyer on the Constitutional matter, I will try to exhaust other remedies before I turn to that (I am just as capable of filling out a form as a para-legal and it would cost me a lot less to do so). I see that most of the people that availed themselves of this remedy did so through self-representation, so it should be a relatively simple process.
That being said, one would think that the government would make information on such Charter issues freely available, especially information on the kinds and style of form one needs to fill out and where to send it. They offer this service for all other civil (including family) and criminal matters.
Anyway, any further info you may find would be much appreciated.
Answer
Here is what I was able to learn by asking the Ministry of Justice for advice:
We do not have a guide with respect to the information you are seeking; however, we can provide you with the following general information.
Jurisdiction for Charter Issue
If your violation ticket hearing is currently scheduled to go before a Judicial Justice of the Peace, you will have the opportunity to dispute the allegation. However, because of Section 2.1 of the Provincial Court Act, a Judicial Justice of the Peace does not have jurisdiction to hear a Charter argument. Any such argument needs instead to be made in court before a Provincial Court Judge.
Notification Required
If you intend to ask the Provincial Court to consider dismissing your ticket for a violation of the Charter of Rights and Freedoms, a judicial justice will not hear your case. Instead, it will be heard by a Provincial Court Judge. Tell the Court Registry as soon as you know that you wish to raise a Charter issue, so your hearing can be scheduled without added delay.
There is more information on this, including the form used, on the Courthouse Library's website.
You may also wish to read the Constitutional Question Act.
Scheduled Hearing Date
If you have a scheduled hearing date before a Judicial Justice of the Peace regarding your violation ticket allegation, it will remain as scheduled unless and until you have arranged a hearing date before a Provincial Court Judge.
More Information on Charter Issue Requirements
You may wish to consult section 8 of the Constitutional Question Act which establishes certain requirements of a person who seeks to make a Charter argument in a Court proceeding. If you require further procedural information in this regard you may wish to contact the Court Registry. Please note that court registry staff can give you general court procedural information; however, they cannot give you legal advice.
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