so I took out the lead vehicle and the 8 others stopped
Wasn't there a Tim's close enough that the rest could have went there?????
Wait, the leader had the directions....................
"The most I have stopped at once is 9 vehicles. Great big line of vehicles, so I took out the lead vehicle and the 8 others stopped "
kinda like follow the leader.
they were "just going with the flow of traffic"
So I finally got a court date, March 24, 2009. The info was given personally to the prosecutor, but theres no name. How can I get disclosure?
lawmen wrote:You ticket was required to be issued in both French and English by the cop because the demerit points are a provincial matter. The province has guaranteed you services and procedures will be provided in both languages even if you don't speak both languages. It's not an option.
My advice is that you do not respond to the ticket at all and file an appeal within 15 days of receiving the conviction notice. You will then argue that the ticket was defective on its face for not being in both languages and the Justice was required by law to quash the proceeding.
If you bring this information forward now, or request a trail to explain it, the court can fix it and you will be found guilty and a fine and points will be imposed, along with possibly higher insurance rates.
The only way to prevent the court from fixing a ticket with errors is to not respond to it at all.
The Provincial Offences Act articulates that laying a charge is a procedure under Part I and III.
The French Language Services Act guarantees you that all services and procedures will be provided in both French and English.
Provincial Offences Act
Certificate of offence and offence notice
http://www.e-laws.gov.on.ca/html/statut ... _e.htm#BK4
3. (1) In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceeding in respect of an offence may be commenced by filing a certificate of offence alleging the offence in the office of the court.
Commencement of proceeding by information
21. (1) In addition to the procedure set out in Parts I and II for commencing a proceeding by the filing of a certificate, a proceeding in respect of an offence may be commenced by laying an information.
French Language Services Act
1. In this Act,
http://www.e-laws.gov.on.ca/html/statut ... 0f32_e.htm
"service" means any service or procedure that is provided to the public by a government agency or institution of the Legislature and includes all communications for the purpose.
Sorry to resurrect a dead post, but wouldn't the appeal judge just reopen the issue and request a french trial? I doubt that the error would be construed as a fatal error.
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