http://fightyourtickets.ca/mississauga- ... -in-court/ As the above link says, Mississauga is moving parking ticket disputes out of court to be "adjudicated" by city employees. Essentially instead of having one's day in court before an impartial justice, the city becomes judge, jury and executioner. How is this fair? What does one have to do to appeal this and get it oveturned(appeal to the SCC?). It's happenining in other towns as well as the link below shows: http://www.yorkregion.com/news-story/41 ... eeing-red/
As the above link says, Mississauga is moving parking ticket disputes out of court to be "adjudicated" by city employees. Essentially instead of having one's day in court before an impartial justice, the city becomes judge, jury and executioner. How is this fair? What does one have to do to appeal this and get it oveturned(appeal to the SCC?).
It's happenining in other towns as well as the link below shows:
How is this even constitutional when the Canadian Charter of Rights and Freedoms clearly states in Section 11(d): "Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a FAIR and public hearing by an INDEPENDENT and IMPARTIAL tribunal" Somehow I don't think an employee appointed and accountable to the City is fair, independent and impartial.
How is this even constitutional when the Canadian Charter of Rights and Freedoms clearly states in Section 11(d):
"Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a FAIR and public hearing by an INDEPENDENT and IMPARTIAL tribunal"
Somehow I don't think an employee appointed and accountable to the City is fair, independent and impartial.
Go transit also uses the AMP system for parking tickets issued on their property as well as fair evasion tickets. AMPS are also used at the Federal level for various violations of the Customs Act and Food Inspection regulations among other things. This seems to be a growing trend for dealing with non-criminal violations that do not involve jail time. I've never had to argue a fine issued under this system so I've never seen the arbitration process first hand, but I do agree that having to appeal an AMP to a person working for the entity that issued the fine in the first place seems questionable.
Go transit also uses the AMP system for parking tickets issued on their property as well as fair evasion tickets. AMPS are also used at the Federal level for various violations of the Customs Act and Food Inspection regulations among other things. This seems to be a growing trend for dealing with non-criminal violations that do not involve jail time. I've never had to argue a fine issued under this system so I've never seen the arbitration process first hand, but I do agree that having to appeal an AMP to a person working for the entity that issued the fine in the first place seems questionable.
I'm not a fan of this arbitration process, it's already silently being used in major GTA cities: Mississauga, Brampton, Vaughan, Burlington, Oshawa. With the Provincial Offences Act if you received a parking ticket, there would be a 'Notice of Impending Conviction Notice' sent to your address. With the Municipal Act's AMP system there is no mechanism to trigger that notice. Drivers who've had their parking tickets blown off their windshield are getting conviction letters in the mail with administrative fees that are sometimes higher than the original fine.
I'm not a fan of this arbitration process, it's already silently being used in major GTA cities: Mississauga, Brampton, Vaughan, Burlington, Oshawa. With the Provincial Offences Act if you received a parking ticket, there would be a 'Notice of Impending Conviction Notice' sent to your address.
With the Municipal Act's AMP system there is no mechanism to trigger that notice. Drivers who've had their parking tickets blown off their windshield are getting conviction letters in the mail with administrative fees that are sometimes higher than the original fine.
Toronto will be introducing an Administrative Monetary Penalty system for parking tickets starting on August 28th. The bylaw enabling this was quietly passed back in March. This means that you will no longer be able to argue a Toronto parking ticket in Provincial Offences Court, but instead will have to make your case to a city appointed arbitrator. Here is the notice on there website describing how the system will work and a copy of the By-law. It looks pretty similar to the other AMP systems described in this thread. City Website: https://www1.toronto.ca/wps/portal/cont ... d60f89RCRD Copy of the Bylaw: http://www.toronto.ca/legdocs/bylaws/2017/law0799.pdf
Toronto will be introducing an Administrative Monetary Penalty system for parking tickets starting on August 28th. The bylaw enabling this was quietly passed back in March. This means that you will no longer be able to argue a Toronto parking ticket in Provincial Offences Court, but instead will have to make your case to a city appointed arbitrator. Here is the notice on there website describing how the system will work and a copy of the By-law. It looks pretty similar to the other AMP systems described in this thread.
So the city charges you, then the city judges you, and the city benefits financially from convictions. Yep, totally no problems with that system whatsoever.
So the city charges you, then the city judges you, and the city benefits financially from convictions.
Yep, totally no problems with that system whatsoever.
There is much more to it than that. Look at what's going on in the US where towns have been forbidden from giving tickets as a whole because of corruption. Look at other cases where the chiefs say go and get people because we need money, so they're out there harassing people who walk with a limp and drivers who are picking their nose. I'm afraid that there is much to tickets than just enforcing the law, almost everywhere it has been used as a revenue tool and with bad intent. It is also no coincidence that every municipality jumped on this about the same time. Just like those smart meters, all of a sudden the entire world went from rejecting it to pushing it on residents, from Australia to Austria. When you see such a coordinated effort it is usually someone pulling the strings somewhere. In Toronto it looks like Tory who has waged a war on drivers and cars since the day he took office, he went right in to heavy handed ticketing and towing for something that wasn't a big problem to begin with and then he back tracked right after that on his toll highway promise and not only changed his mind on tolls but vigorously started an effort to push them on the residents. It's hard to believe that he changed his mind like that, his full plan all along was a surveillance system for the Toronto highways. Thankfully the rotten wynne govt couldn't afford to take this hit and she rejected his plea for the law change. I would guess the toronto AMP system is the same thing, taking rights away from people and generating revenue for the city. This should scare people because the ticketers are already commission based and don't exactly have the best track record.
FyreStorm wrote:
And so the best way to beat the system is to not break the law...and that is clearly the primary intent of the system...win win!
There is much more to it than that. Look at what's going on in the US where towns have been forbidden from giving tickets as a whole because of corruption. Look at other cases where the chiefs say go and get people because we need money, so they're out there harassing people who walk with a limp and drivers who are picking their nose. I'm afraid that there is much to tickets than just enforcing the law, almost everywhere it has been used as a revenue tool and with bad intent. It is also no coincidence that every municipality jumped on this about the same time. Just like those smart meters, all of a sudden the entire world went from rejecting it to pushing it on residents, from Australia to Austria. When you see such a coordinated effort it is usually someone pulling the strings somewhere. In Toronto it looks like Tory who has waged a war on drivers and cars since the day he took office, he went right in to heavy handed ticketing and towing for something that wasn't a big problem to begin with and then he back tracked right after that on his toll highway promise and not only changed his mind on tolls but vigorously started an effort to push them on the residents. It's hard to believe that he changed his mind like that, his full plan all along was a surveillance system for the Toronto highways. Thankfully the rotten wynne govt couldn't afford to take this hit and she rejected his plea for the law change. I would guess the toronto AMP system is the same thing, taking rights away from people and generating revenue for the city. This should scare people because the ticketers are already commission based and don't exactly have the best track record.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…