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.
I just received a parking ticket for parking outside of the space, to me that is crazy because I was parked in the corner of the lot, was not blocking anyone or a through way, so I thought there is no harm. I've seen people park there all day and not get a ticket.
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im…
I was hoping to receive some advice on the unfortunate situation that I currently find myself in.
Last night, at 7pm, I was at an intersection waiting for the oncoming traffic to clear so that I could turn left. I thought that I was waiting at the intersection behind only one other vehicle (a van)…
So i received my first speeding ticket...officer claimed I was doing 73 km/hr in a 50 zone. He did reduce it to 63 - should fight it? The ticket did not mention a cross road. Its just states N.B on Caledonia. I don't believe d points are affected but I'm worried about insurance.
Exactly a week ago today, I was caught going 135 in an 80, on Highway 3 near Windsor, Ontario. I know this is just completely idiotic and there hasn't been a minute since I was charged that I haven't been smacking myself for this. I'm very, very remorseful and just overall torn about…
I was making a left turn, didn't have headlights on and was putting on my seatbelt at a time. Really stupid thing to do, was very stressed out and just feel dumb about it. What am I facing, and what impact will it have on my insurance? On ticket it just says Careless driving, there are no details..
Late Saturday afternoon, December 1st, I entered the Shops at Don Mills with my vehicle and drove due East as I needed to make a quick deposit in the TD Bank. I made a left hand turn onto the side street and on the right side where I parked, there is a condo under construction with all the usual…
Hi, I just received a notice in the mail with pictures of my car going through a red light. Ticket is in my husband's name, as he is the car owner, but I drive this car. I'm guilty as can be... can't remember doing it, but apparently went right through intersection after light turned red. I…