Now I'm not against people in Law inforcement, and althought most of this may be obvious, there's no harm in having a discussion about it. The Ontario Justice system is purposely setup to generate revenue, and inconvenience citizens who want to dispute or make answer to a charge..which results in them, not willing to spend the time to prove their innocence (that is if they are..). The government has invested a lot of money in technology to grab cash from people, but have done nothing to help innocent people make full answer to any charge. You can pay all of your parking tickets, speeding tickets or any other infractions online at, how convenient (minus the extra charges that they add on for the service). But how come you can't request a trial date to dispute the charge online? Why can't the prosecutors office make it easier for defendents to request disclosure or certain documents that are vital to proving one's guilt? I've seen no progress in terms of helping those who are "innocent until proven guilty" make full answer to any charges. All I see are huge line ups outside a Provincial offense office full of people wanting to set a trial date. The Provincial Offense office is always bottle-necked, and Prosecutors are already up to their eyeballs in people wanting to meet them in court to dispute a charge. Having said that, typically people go to court to dispute charges, most walk in and settle for a plea bargain deal that the prosecutor offers them (not news to anyone on here). Seeing people come in and out like hens at a slaughter house, some of the people might actually be innocent and yet, they have no knowledge of their rights, and their fear of the whole court system results in them settling for a plea bargain deal. Not everyone is in position to pay large sums of money hire a paralegal or lawyer to defend them, and the prosecutors, JP, officers know that. I have never seen a JP stand up for the rights of an individual who has absolutely no idea what their rights are, or how to defend themself in court. It goes without saying.. You only have rights, if you know what they are. It's just my opinion :)
Now I'm not against people in Law inforcement, and althought most of this may be obvious, there's no harm in having a discussion about it. The Ontario Justice system is purposely setup to generate revenue, and inconvenience citizens who want to dispute or make answer to a charge..which results in them, not willing to spend the time to prove their innocence (that is if they are..).
The government has invested a lot of money in technology to grab cash from people, but have done nothing to help innocent people make full answer to any charge. You can pay all of your parking tickets, speeding tickets or any other infractions online at, how convenient (minus the extra charges that they add on for the service). But how come you can't request a trial date to dispute the charge online? Why can't the prosecutors office make it easier for defendents to request disclosure or certain documents that are vital to proving one's guilt?
I've seen no progress in terms of helping those who are "innocent until proven guilty" make full answer to any charges. All I see are huge line ups outside a Provincial offense office full of people wanting to set a trial date. The Provincial Offense office is always bottle-necked, and Prosecutors are already up to their eyeballs in people wanting to meet them in court to dispute a charge.
Having said that, typically people go to court to dispute charges, most walk in and settle for a plea bargain deal that the prosecutor offers them (not news to anyone on here). Seeing people come in and out like hens at a slaughter house, some of the people might actually be innocent and yet, they have no knowledge of their rights, and their fear of the whole court system results in them settling for a plea bargain deal.
Not everyone is in position to pay large sums of money hire a paralegal or lawyer to defend them, and the prosecutors, JP, officers know that. I have never seen a JP stand up for the rights of an individual who has absolutely no idea what their rights are, or how to defend themself in court.
It goes without saying.. You only have rights, if you know what they are. It's just my opinion
Last edited by KiX on Sat Feb 27, 2010 1:35 am, edited 1 time in total.
I would guess that b/c it would be way worse than the snail mailing system, people ask for a trial, tie up court time and do not show. Maybe a $500-1000 penalty should be imposed to anyone that does not show to trial after requesting one? I don't know much about disclosure side. I submit copy notes, copy of PON. Maybe a new system should be designed and pick one option online (no response in 7 days and you are found guilty) 1) plead guilty 2) plead guilty with time to pay 3) resolution court, where you try to make a resolution or then ask for trial court (waving your 11B) 4) trial court - there will be a trial, failing to attend for trial is an extra $500-1000 fee. JP's will not let rights be violated. JP's will not offer suggestions of defence nor will JP's offer suggestions of prosecution Maybe an alternative is the prosecution submits a willsay and so does defence and JP reads both and makes a decision.
KiX wrote:
But how come you can't request a trial date to dispute the charge online?
I would guess that b/c it would be way worse than the snail mailing system, people ask for a trial, tie up court time and do not show. Maybe a $500-1000 penalty should be imposed to anyone that does not show to trial after requesting one?
Why can't the prosecutors office make it easier for defendents to request disclosure or certain documents that are vital to proving one's guilt?
I don't know much about disclosure side. I submit copy notes, copy of PON.
I've seen no progress in terms of helping those who are "innocent until proven guilty" make full answer to any charges. All I see are huge line ups outside a Provincial offense office full of people wanting to set a trial date. The Provincial Offense office is always bottle-necked, and Prosecutors are already up to their eyeballs in people wanting to meet them in court to dispute a charge.
Maybe a new system should be designed and pick one option online (no response in 7 days and you are found guilty)
1) plead guilty
2) plead guilty with time to pay
3) resolution court, where you try to make a resolution or then ask for trial court (waving your 11B)
4) trial court - there will be a trial, failing to attend for trial is an extra $500-1000 fee.
I have never seen a JP stand up for the rights of an individual who has absolutely no idea what their rights are, or how to defend themself in court.
JP's will not let rights be violated.
JP's will not offer suggestions of defence
nor will JP's offer suggestions of prosecution
Maybe an alternative is the prosecution submits a willsay and so does defence and JP reads both and makes a decision.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Good idea... one additional item... if the ticket bears a fatal error it should be tossed without having to go through this don't show up/pay/appeal/win gong show, instead of "oh we'll just amend it." Fatal errors have been pretty well spelled out by the courts so this shouldn't be too complicated. I agree, however the downside to that is we'd pay higher taxes, more user fees, and probably have bigger fines if we did try to make it more convenient. I know, it shouldn't be that way, but it is...
hwybear wrote:
Maybe a new system should be designed and pick one option online (no response in 7 days and you are found guilty)
1) plead guilty
2) plead guilty with time to pay
3) resolution court, where you try to make a resolution or then ask for trial court (waving your 11B)
4) trial court - there will be a trial, failing to attend for trial is an extra $500-1000 fee.
Good idea... one additional item... if the ticket bears a fatal error it should be tossed without having to go through this don't show up/pay/appeal/win gong show, instead of "oh we'll just amend it." Fatal errors have been pretty well spelled out by the courts so this shouldn't be too complicated.
KiX wrote:
The Ontario Justice system is purposely setup to generate revenue, and inconvenience citizens who want to dispute or make answer to a charge..which results in them, not willing to spend the time to prove their innocence (that is it they are..).
I agree, however the downside to that is we'd pay higher taxes, more user fees, and probably have bigger fines if we did try to make it more convenient. I know, it shouldn't be that way, but it is...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Good idea... one additional item... if the ticket bears a fatal error it should be tossed without having to go through this don't show up/pay/appeal/win gong show, instead of "oh we'll just amend it." Fatal errors have been pretty well spelled out by the courts so this shouldn't be too complicated. ... that's a really good idea too
Radar Identified wrote:
hwybear wrote:
Maybe a new system should be designed and pick one option online (no response in 7 days and you are found guilty)
1) plead guilty
2) plead guilty with time to pay
3) resolution court, where you try to make a resolution or then ask for trial court (waving your 11B)
4) trial court - there will be a trial, failing to attend for trial is an extra $500-1000 fee.
Good idea... one additional item... if the ticket bears a fatal error it should be tossed without having to go through this don't show up/pay/appeal/win gong show, instead of "oh we'll just amend it." Fatal errors have been pretty well spelled out by the courts so this shouldn't be too complicated.
...
that's a really good idea too
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…