Retrieving Court Exhibits
How do I get my belongings back?
The amount of time it takes to get your property back depends on the appeal period for the type of case. The time allowed for appeals ranges from 30-90 days. For Supreme (Civil and Criminal), Provincial Criminal, Youth and Traffic Matters, this period is 30 days. For Family Matters, the appeal period is 40 days, and Interjurisdictional Support Orders can be appealed for up to 90 days.
There are a number of ways to get your personal property back:
- After the appeal periods are over you can go to the courthouse, show identification to the registry and obtain your possessions.
- If you are unable to go in person, you may give written permission to someone else to go on your behalf.
- You may be able to retrieve your belongings before the appeal period has expired. If the parties agree in writing that no appeal will be filed, then you may obtain your belongings immediately.
- If your items were not used in court, you must coordinate getting them back with the police directly.
- In both criminal and civil cases, the court may allow you to retrieve your items back right away. This is something that you will have to request from the court after your case is heard.
The court registry will keep your belongings for up to a year after the case has been completed. If there is an appeal, particularly in criminal matters, you will need the help of a lawyer. Different rules are depending on what type of case you have.
Contact us, and we will fight to get your belongings back as soon as possible. First consultations are free.
Toll Free: 1-877-860-7575
Difference Between Guardianship And Custody
What is the difference between Guardianship and Custody?
On March 18, 2013, the Family Law Act came into force and replaced the old Family Relations Act. Under the current law the concept of “child custody” has been removed and replaced with child “guardianship”.
Section 39 of the Family Law Act explains that parents who live with their children are guardians and both parents remain guardians after separation. This is normally the case without the need for a court order. This is different than the old Family Relations Act which said that when parents separate, the parent with whom the child lives has “custody” and “guardianship”. Under the new Family Law Act, responsibility for a child does not necessarily change merely because the parents have separated.
Some important notes:
- A parent who has never lived with a child can apply to be a guardian
- It is possible for a child to have more than two guardians
- It is possible for a non-parent to become a guardian
- Stepparents do not become guardians by virtue of a marriage with a child’s guardian, but they can apply to be guardians
- It is possible to remove a person as a guardian
The concept of guardianship and the many possible outcomes available can be complex. The experienced lawyers at Jabour Sudeyko Lucky can help by making the process less stressful.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575
New Traffic Tickets Delay Law S. 11(b)
Traffic Tickets And The New Law on S. 11(b) Delay
Once a traffic violation ticket is disputed the Traffic Registry at the Provincial Court House in your jurisdiction will send you out a Notice of Hearing telling you when your court date is.
On July 8, 2016, the Supreme Court of BC ruled in R. v. Jordan, 2016 SCC 27 that provincial court trials should take place within 18 months of the offence date. Unfortunately, our traffic courts are incredibly backlogged in BC and depending on the city you live in you may not get a hearing date for up to 2 years!
Previously, defence lawyers had to prove that the delay between the time of the offence and the hearing date was unreasonable and created some sort of prejudice to their client. With the decision in Jordan, if this delay is over 18 months, the burden of proof now shifts to the Crown to prove that the delay was not unreasonable.
What Does This Mean For My Traffic Ticket Depute?
If the time between when you were given a traffic ticket and when your hearing date was scheduled for is over 18 months there is a presumption that Crown should stay your charges (in other words “throw your ticket out”).
What If It Hasn’t Been 18 Months Before My Hearing Date?
The Jordan decision does not prevent people from making section 11(b) delay applications if they are within the 18-month period. The case law varies from city to city in terms of “how long is too long” and many people are successful in getting their tickets thrown out on the basis of delay even when they’re hearing date is set sooner than 18 months from the date of the offence.
If you can show that you have been prejudiced by the delay in getting to court you stand a good chance of having the Crown stay your ticket.
How Do I Make My Delay Application?
Even though the law is presumptively in your favour now for cases taking longer than 18 months, defendants will still have to file a section 11(b) delay application alleging their Charter rights have been infringed and seek a remedy under s. 24(1).
An experienced lawyer will draft up the Charter Applications, as well as an affidavit which you must swear, and then submit these documents to the Crown Counsel in your jurisdiction.
If you have received a traffic ticket you should contact a lawyer within 30 days to file a dispute on your behalf.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575
Delayed Criminal Case
What Happens If Your Criminal Case Delays?
Sometimes, if a criminal case takes too long to get to trial, and it is not the fault of the accused, the court will say “enough is enough” and dismiss the charge. This is because the Canadian Charter of Rights and Freedoms guarantees the right to a trial without delay. This is a matter of fundamental fairness to the accused. Previously, when faced with the decision of whether to dismiss a criminal case or not because of delay, a court would engage in a detailed examination of the timeframe starting from when the accused was charged and ending with the trial date. Frequently, this examination would lead to unpredictable and varying results.
On July 8, 2016, the Supreme Court of Canada revisited the law surrounding delay and criminal cases and attempted to replace the unpredictability of the old process with a new straightforward approach. In the case of R. v. Jordan 2016 SCC 27, the court set the following guidelines:
1. The presumptive ceiling for getting to trial is 18 months for cases tried in the provincial court
2. The presumptive ceiling for getting to trial is 30 months for cases in the superior court
3. Delay attributable to or waived by the defence does not count towards the presumptive ceiling
4. Once the presumptive ceiling is exceeded, the burden is on the prosecution to show why the charge should not be dismissed
5. If the prosecution cannot do so, a stay will follow
This new approach will greatly clarify and provide predictability to future cases. Although all cases are unique, and reasons for delay will always vary, the Supreme Court has provided clear guidance and established a new test that is now the law in Canada.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575
Disputing Traffic Tickets
Should I Dispute My Traffic Ticket?
When people receive a traffic violation ticket under the Motor Vehicle Act (i.e. for speeding or being on their phone), they often assume that their best course of action is to pay the ticket and move on. This is not your only option. Drivers should strongly consider disputing their tickets for a number of reasons, especially with the newly increased penalties for “distracted driving”.
Reasons to Dispute Your Ticket:
- Once you dispute your ticket you do not have to prove you are innocent; the police officer has to prove you are guilty
- Fines and penalty points have recently increased dramatically for distracted driving tickets - on your first infraction you could end up paying $543.00
- Paying a ticket means you have admitted you are guilty of the offence.
- A violation will be added to your driving record and may impact your ability to get certain jobs in the future or even be granted a pardon
- Some tickets will result in penalty points which may increase your car insurance costs
- If you receive too many penalty points, you could have your license suspended
The process for disputing a ticket is simple, and once a ticket is disputed the police have to prove beyond a reasonable doubt at a hearing that you are guilty of the offence. Having an experienced trial lawyer who knows the law surrounding motor vehicle offences can give you a significant advantage over the police officer who will be on the other side. A lawyer can also negotiate with the police on your behalf to try to get the ticket reduced or withdrawn before a hearing, even if you do not have a strong case.
If you have received a traffic ticket, you should contact a lawyer within 30 days to file a dispute on your behalf. The experienced lawyers at Jabour Sudeyko Lucky would be happy to meet with you to discuss your case.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575