SUPERIOR COURT OF JUSTICE
CANADA ) Court File No. CR-19-00000050-0000
PROVINCE OF ONTARIO )
NORTHEAST REGION )
NORTH BAY )
HER MAJESTY THE QUEEN
-vs-
JOEL VIAU
MOTION FOR DISMISSAL OF INDICTMENT
Respectfully Submitted,
____________________________________
Joel Viau
Defendant in pro per
NOTICE OF MOTION FOR DISMISSAL OF INDICTMENT
THIS COURT WILL HEAR A MOTION on the ____ day of August, 2022, at __________
(am/pm), or as soon as possible after that time, at 360 Plouffe St., North Bay, ON Canada P1B
9L5, Courtroom 101. This motion will be made in person by Joel Viau for an order of dismissal
of his indictment.
Dated this ____ day of July, 2022.
Respectfully Submitted,
____________________________________
Joel Viau
Defendant in pro per
MOTION FOR DISMISSAL OF INDICTMENT
NOW COMES Joel Viau, Defendant, and files this Motion for Dismissal of Indictment, and for
cause would show this Honorable Court as follows:
1. Defendant was arrested on 2018/08/17 and brought before this Court on [Insert Date].
2. There has been no trial in regard to Defendant’s case. Defendant has been requesting
for a trial for more than two years to no avail.
3. This case has been remanded multiple times in the past year due to lack of availability of
a judge to preside over it.
4. Section 11(b) of the Canadian Charter of Rights and Freedoms provides as follows: “Any
person charged with an offence has the right to be tried within a reasonable time.”
5. The primary purpose of section 11(b) is to protect the following rights of individual
accused: (a) the right to security of the person; (b) the right to liberty; and (c) the right to
fair trial. R. v. Jordan, [2016] 1 S.C.R. 631 at ¶ 20.
6. The provision also serves secondary societal interests: (a) the interest in protecting the
right of an accused person to humane and fair treatment; and (b) the interest in having
laws enforced, including through ensuring that those who break the law are tried in a
timely fashion. As the seriousness of the offence increases so does the societal demand
that the accused be brought to trial. R. v. Morin, [1992] 1 S.C.R. 771; R. v. Askov, [1990]
2 S.C.R. 1199.
7. Timely trials are also important to maintaining overall public confidence in the
administration of justice. Jordan, supra at ¶ 25; Askov, supra at ¶ 1221.
8. Section 11(b) recognizes the stigmatization, loss of privacy, and stress and anxiety
created by the cloud of suspicion that accompanies criminal proceedings. Morin, supra
at 778; R. v. Godin, [2009] 2 S.C.R. 3 at ¶ 30.
9. It also recognizes that the right to a fair trial is protected by attempting to ensure that
proceedings take place where evidence is available and fresh (Morin, supra), and that
delay can prejudice the ability of the defendant to lead evidence, cross examine
witnesses or otherwise raise a defence. Godin, supra at ¶ 30.
10. At the heart of this new framework is a presumptive ceiling beyond which delay – from
the charge to the actual or anticipated end of trial – is presumed to be unreasonable.
The presumptive ceiling is 18 months for cases tried in the provincial court, and 30
months for cases in the superior court (or cases tried in the provincial court after a
preliminary inquiry). Jordan, supra at ¶ 5.
11. Section 11(b) is concerned with the period from the laying of the charge up to and
including the date upon which the sentence is imposed. R. v. K.G.K., 2020 SCC 7 at ¶ 3
and 28; R. v. Rahey, [1987] 1 S.C.R. 588; R. v. MacDougall, [1998] 3 S.C.R. 45.
12. The time period only begins to run from the moment the accused is charged. Carter v.
The Queen, [1986] 1 S.C.R. 981.
13. It is more than 47 months since Defendant was arrested. Since this case is in the
superior court, the presumptive ceiling is 30 months. This case is way past the
presumptive ceiling stipulated in Jordan. Therefore, there is unreasonable delay which is
not any fault of Defendant, but is as a result of the actions and/or omissions of other
people over whom Defendant has no control.
14. The unreasonable delay is an infringement upon Defendant’s right to security of the
person, right to liberty, right to a fair trial, and right of an accused person to humane and
fair treatment.
REASONS WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests this
Honorable Court to GRANT this Motion for Dismissal of Indictment, and subsequently DISMISS
all charge(s) brought by the Crown against Defendant.
Dated this ____ day of July, 2022.
Respectfully Submitted,
____________________________________
Joel Viau
Defendant in pro per
AFFIDAVIT IN SUPPORT OF MOTION FOR DISMISSAL OF INDICTMENT
My name is Joel Viau. I live in [Insert Municipality and Province]. I swear/affirm that the following
is true:
a. I was arrested on 2018/08/17 and brought before this Court on [Insert Date].
b. There has been no trial in regard to my case. I have been requesting for a trial for more
than two years to no avail.
c. This case has been remanded multiple times in the past year due to lack of availability of
a judge to preside over it.
d. It has been more than 47 months since I was charged before this Court. That is more
than the presumptive ceiling stipulated as 30 months, which constitutes an infringement
of my right to security of the person, right to liberty, right to a fair trial, and right of an
accused person to humane and fair treatment.
e. The only remedy to the infringement of my rights is the dismissal of charges brought
against me by the Crown.
____________________________________
Joel Viau
Sworn/affirmed before me at [Insert Name of Municipality] in [Insert Name of Province] on the
____ day of July, 2022.
___________________________________ ___________________________________
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