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Re: Appeal Red light conviction
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PostPosted: Thu Dec 01, 2016 8:06 pm 
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The problem is not the date that the notes were written but the fact that your request under the Privacy Act did not get any results. There would have been a computer record of the incident created right when it happened but that was not forthcoming either. That shows that nothing came up. You might have an argument to be made if you had got the computer record but not the notes.

Did you ask when the notes were made during the trial. If not then you cannot ask that in an appeal as it would be new evidence. If you did and the office said they were made shortly thereafter then your argument is that you think the judge shouldn't have believed the testimony and that's a hard argument to have accepted.

Do what you will but I don't see a positive outcome for you.

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Re: Appeal Red light conviction
PostPosted: Thu Dec 01, 2016 11:57 pm 
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Can I mail my notice of appeal to the court or should I go in person?


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Re: Appeal Red light conviction
PostPosted: Mon Dec 05, 2016 11:28 pm 
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Before I start my appeal, I want to now if I receive a Conviction Notice in the mail?


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Re: Appeal Red light conviction
PostPosted: Tue Dec 06, 2016 9:51 am 
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You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).

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Re: Appeal Red light conviction
PostPosted: Tue Dec 06, 2016 6:37 pm 
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You must also pay the fine before they will accept and appeal...If you win at appeal, they mail you the money back...there is a way around paying the fine for exceptional cases...


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Re: Appeal Red light conviction
PostPosted: Wed Dec 07, 2016 1:52 pm 
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screeech wrote:
You must also pay the fine before they will accept and appeal...If you win at appeal, they mail you the money back...there is a way around paying the fine for exceptional cases...


Correct, a separate application to appeal without paying the fine can be made of there is a basis to do so.

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The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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Re: Appeal Red light conviction
PostPosted: Wed Dec 07, 2016 9:19 pm 
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When I write the Appeal ground should it be in detailed or I can be as general as: Judge made an error in Law


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Re: Appeal Red light conviction
PostPosted: Wed Dec 07, 2016 10:10 pm 
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It can be general as "Justice of the Peace made an error at law".

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Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 10:43 am 
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jsherk wrote:
It can be general as "Justice of the Peace made an error at law".


As this is a RCMP matter should I serve the notice of appeal to the Federal persecutor office for this mater?


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Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 11:16 am 
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I have no idea how to deal with RCMP. I have only dealt with OPP and Municipal Police in Ontario.

Call the provincial offences office and ask them and they will tell you where you need to file things.

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Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 11:24 am 
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I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.

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Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 3:50 pm 
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argyll wrote:
I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.


I think this is not related to this topic


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Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 4:34 pm 
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hashe31us wrote:
argyll wrote:
I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.


I think this is not related to this topic


oops sorry.....wrong thread......long day

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Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 4:41 pm 
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jsherk wrote:
I have no idea how to deal with RCMP. I have only dealt with OPP and Municipal Police in Ontario.

Call the provincial offences office and ask them and they will tell you where you need to file things.


Can I mail my notice of appeal to the court or should I go in person?


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Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 4:44 pm 
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The issue is the date that the notes were made. The error from disclosure is that the date wasn't included, but there would have been a date. What sometimes happens is an officer writes the date at the start of the shift and then makes pages of notes. My best practice was to photocopy the date page and then attach it to the actual incident notes. It appears as if this did not happen. That would have been your line of questioning at the trial, asking when the notes were made. The fact that you didn't get them through FOI is a complaint against that process, not the disclosure which you DID receive and had an opportunity to cross-examine and ask the officer when they were made.

No officer is going to perjure themselves and say they made their notes at the time when they actually made them 20 days later as it would be so easy to find out - that's why notebook pages are numbered. Why would they risk a $100k a year job for a traffic ticket ? You had the opportunity to question what date the notes were made when the officer was on the stand ? Did you ask him when they were made ? Did you ask him to show you the date entry ? If not then that is a poor presentation of evidence to support your case, not a ground for a successful appeal.

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