Preliminary Motion - After The Arraignment

The arraignment is when the charge is formally read out loud:

"Joe Blow, you stand charged that on September 14, 2008 at 3:45 p.m. at the intersection of Yonge Street and Bloor Street, you did commit the offence of speeding 70km/hr in a 50 km/hr zone contrary to the Highway Traffic Act, section 128. To this charge, how do you plead – guilty or not guilty?"

Instead of answering guilty or not guilty, you can make a preliminary motion asking the court for a stay of proceedings or to quash the charges.

Stay of Proceedings

You say, "Prior to entering a plea Your Worship, I move that these proceedings be stayed on the grounds that..."

Your strategy here is that your right to be tried within a reasonable time under the Charter of Rights and Freedoms has been violated. Alternatively you can argue that your attempts to obtain disclosure have been stonewalled by the prosecutor so much so that the only remedy would be to stop all proceedings against you. This strategy is covered in detail under Step 4.

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