How to Fill out your Notice of Constitutional Challenge
How to Fill out your Notice of Constitutional Challenge

Do not file the Notice of Constitutional Challenge until you have appeared before the court and reserved a date for the trial.

The majority of information needed to fill out the challenge will be found on the Trial Scheduling Memo and the form called an Information. You can get them from the courthouse where your trial is to be held.

If you are not in British Columbia then you can still file the Notice, but some references must be changed. Contact Randy Cain for assistance.

You must send a copy of the Notice of Constitutional Challenge to the following people:

The Attorney General of Canada, (the Attorney Generalšs BC office is located at #900-840 Howe St., Vancouver, V2Z 2S9, otherwise send to the Department of Justice in Ottawa).

The Attorney General of your Province, (in BC, send to Legal Services Branch, 5th Floor, 609 Broughton St., Victoria, V8V 1X4).

The Office of Crown Counsel, (usually located in the courthouse where your trial is set).

The prosecutor that is handling your trial.

Use direct delivery or registered mail. All copies must be received at least fourteen days in advance of your trial so allow ample time for delivery.

Be sure to keep a copy for your records.
The following is an explanation as to how to fill in the blanks on your Constitutional Challenge.

1 This number will be on the Trial Scheduling Memo that you received when your trial date was set. If in doubt, call the courthouse where you appeared and ask for it.
2 This is where your court file has been registered. Normally this will be the same place as where your trial is scheduled to be held. If in doubt, call the courthouse and ask for it.
3 Your full name.
4 The full address of the courthouse where your trial is scheduled to be held.
5 This is the time reserved for your trial. It can be found on the Trial Scheduling Memo.
6 Fore or After noon.
7 to 9 This is the day, month, and year of the date reserved for your trial. It can be found on the Trial Scheduling Memo.
10 This is generally the same number as the one that was used in 1. You will find this number on the Information.
11 & 12 This is simply the month and year the Information was sworn. This is also on the Information.
13 This is the city where your trial has been scheduled to be held.
14 to 16 This is the same as 7 to 9.
17 This is the city in which you sign the Notice of Constitutional Challenge.
18 to 20 This is the day, month, and year that you signed the Notice of Constitutional Challenge. Generally this will when you serve the notices.
21 Sign your full name. You must use ink.
22 Your name printed in full.