NOTICE OF APPLICATION November 22, 2011

No. DE DOSSIER: 540-01-048499-118
QUEBEC
SUPERIOR COURT OF JUSTICE
DISTRICT OF LAVAL

BETWEEN:

HER MAJESTY THE QUEEN
respondent
- and -
DANNY HUNT
applicant

NOTICE OF APPLICATION

TAKE NOTICE that an application will be brought on Friday day, the 16 day of December, 2011, at 9:30 am, at Palais de Justice Laval, 2800, boulevard Saint-Martin Ouest, Laval (Québec) H7T 2S9, courtroom 1.07, for an Order allowing the application, granting the application, declaring that under section 786. (2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree, that on November 9, 2011 when the Lower Court Judge ordered a trial on April 12, 2012 and instituted proceedings over six months from February 21, 2011 when the subject-matter of proceedings arose over the objection of the Applicant the Order was made Out of Jurisdiction, and granting the Applicant a stay of proceedings.

THE GROUNDS FOR THIS APPLICATION ARE:

1. THAT under section 786. (2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree;
2. THAT the Crown on November 9, 2011 stated that he wished to renew his demand for an assessment order for non-criminal responsibility;
3. THAT the Lower Court Judge instituted proceedings and ordered a trial for April 12, 2012 on November 9, 2011;
4. THAT the order on November 9, 2011 to set a trial on April 12, 2011 was made over the objection of the applicant that also sited section 786 (2);
5. THAT the Applicant was charged on February 21, 2011 and when the subject-matter of the proceedings arose;
6. THAT the time from February 21, 2011 to November 9, 2011 is about eight months;
7. THAT the institution of proceedings on November 9, 2011 about eight months after February 21, 2011 was made Out of Jurisdiction according to section 786 (2) of the criminal code;
8. THAT the delay in instituting proceedings and setting a trial date is due to the Crown’s “unlawful”, see R v. Muschke, assessment order of February 23, 2011 for non-criminal responsibility made before trial, see R v. Swain, and his claim of wanting to renew this expired assessment order for non-criminal responsibility;
9. THAT a stay of proceedings is appropriate in the circumstances; and
10. Such further and other grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES UPON THE FOLLOWING:

1. The motion of November 9, 2011;
2. The transcript of November 9, 2011;
3. Other transcripts in the Applicant's case;
4. Judgments;
5. Affidavit and Factum; and
6. Such further and other material as counsel may advise and this Honourable Court may permit.

THE RELIEF SOUGHT IS:

1. An Order allowing the application, granting the application, declaring that under section 786. (2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree, that on November 9, 2011 when the Lower Court Judge ordered a trial on April 12, 2012 and instituted proceedings after more than six months from February 21, 2011 the time when the subject-matter of proceedings arose over the objection of the Applicant the Order was made Out of Jurisdiction, and granting the Applicant a stay of proceedings.

THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATION

1. By service in accordance with rule 5,

Dated at residence, 9:00 am, this 22 day of November, 2011.

_______________________________
Signature of applicant
Danny Hunt,