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FORM 4F

Courts of Justice Act

NOTICE OF CONSTITUTIONAL QUESTION


R. v. Your Last Name

The Defendant, Your Name, intends to claim a remedy under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to a
violation of Section Write the section that was violated – Example: 7 of the Charter by the Government of Ontario (The Crown). The defendant
seeks the remedy of a stay of proceedings.

The question will be argued on Write the Day and Date – Example: Monday, August 24, 2009 at the Name and Address of the Court House –
Example: City of Mississauga Court House, 950 Burnhamthorpe Road West, Mississauga, Ontario.

Offence: Your charge – example: Speeding; PON#:Write the offence number; Offence Date: Date of offence; Trial Date: Date of trial; Time: Time
of trial; Courtroom: Location or room number.

The material facts giving rise to the constitutional question and the legal basis for the constitutional question are as follows. Here is an example: On
January 18, 2009 I requested disclosure from the Crown. I also specifically requested a copy of the radar manual and typed copies of the officer's
notes, neither of which were provided.

The Crown has a duty to disclose information that is useful to the defence in order to know the evidence against them, prepare for trial and make full
answer to the charge. (R. v. Stinchcombe, 1991 CanLII 45 (S.C.C.); R. v. O'Connor, 1995 CanLII 51 (S.C.C.))

The Crown has failed to meet its disclosure obligation and in doing so has violated my section 7 Charter right.

I respectfully request an order allowing the application and granting a stay of proceedings pursuant to Section 24(1) of the Charter.

(Date) Date you are filing this with the court Your name, address and phone number

TO The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act)
Constitutional Law Branch
4th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: (416) 326-4015

The Attorney General of Canada (as required by section 109 of the Courts of Justice Act)
Suite 3400, Exchange Tower
Box 36, First Canadian Place
Toronto, Ontario M5X 1K6
fax: (416) 973-3004

Change this to the Court your are going to


Example - Clerk of the Court
City of Mississauga Court House
950 Burnhamthorpe Road West
Mississauga, Ontario L5C 3B4

Change this to the City Prosecutor you are dealing with


Example - Mississauga Prosecutor's Office
City of Mississauga Court House
950 Burnhamthorpe Road West
Mississauga, Ontario L5C 3B4
fax: (905) 615-4504

(This notice must be served as soon as the circumstances requiring it become known and, in any event, at least 15 days before the question is to be
argued, unless the court orders otherwise.)
RCP-E 4F (July 1, 2007)

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