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Ontario Highway Traffic Act

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PostPosted: Thu Oct 22, 2009 2:28 am 
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1. No, I think the Justice of the Peace is who you plead guilty with explanation too. JP can reduce your fines, but they can't throw it out. You need a Trial to get your ticket thrown out.

2. An LEO doesn't have to tell you anything about demerit points.

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PostPosted: Thu Oct 22, 2009 2:36 am 
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Quote:
As a “statutory” Court (a Court created by statute), the Ontario Court of Justice has that jurisdiction which is specifically given to it by the laws of Ontario and Canada. In broad terms, the justices of the peace of the Court have jurisdiction with respect to provincial offences, bail hearings and search warrants. Judges of the Court deal with a wide range of family law cases (including child protection, custody, access, support and adoption) as well as the overwhelming majority of criminal charges laid within the province.

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PostPosted: Fri Oct 23, 2009 12:28 am 
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A Justice of Peace is not a judge. Only a Judge can throw your case out.

Anyone can become a Justice of Peace:

http://www.ontariocourts.on.ca/jpaac/en ... cation.htm

Quote:
Qualifications and Selection Criteria for a Justice of the Peace in Ontario

Minimum qualifications for consideration for an appointment as a justice of the peace are set out in s. 2.1(15), (16) and (17) of the Justices of the Peace Act, as follows:

Qualification

(15) A candidate shall not be considered by the Justices of the Peace Appointment Advisory Committee unless he or she has performed paid or volunteer work equivalent to at least 10 years of full-time experience and,

(a) has a university degree;
(b) has a diploma or advanced diploma granted by a college of applied arts and technology or a community college following completion of a program that is the equivalent in class hours of a full-time program of at least four academic semesters;
(c) has a degree from an institution, other than a university, that is authorized to grant the degree,
(i) under the Post-secondary Education Choice and Excellence Act, 2000
(ii) under a special Act of the Assembly that establishes or governs the institution, or
(iii) under legislation of another province or territory of Canada;
(d) has successfully completed a program designated as an equivalency under subsection (16); or
(e) meets the equivalency requirement set out in subsection (17). 2006, c. 21, Sched. B, s. 3.

Equivalency programs

(16) For the purposes of clause (15) (d), the Attorney General may designate programs that involve training in the justice system, including programs designed to enhance diversity in the justice system, as programs that meet the educational equivalency, and shall make the list of programs so designated public. 2006, c. 21, Sched. B, s. 3.

Exceptional qualifications

(17) For the purposes of clause (15) (e), a candidate may be considered to have met the equivalency requirement if he or she clearly demonstrates exceptional qualifications, including life experience, but does not have the educational requirements set out in clauses (15) (a) to (d). 2006, c. 21, Sched. B, s. 3.

General Selection Criteria For Evaluating Candidates

In addition, the Act requires the Justices of the Peace Appointments Advisory Committee to develop general selection criteria. The following have been adopted by the Committee:

Skills and Abilities

* Skills, experience and/or education relevant and transferrable to the work of a justice of the peace
* A high level of achievement in the area(s) of paid or volunteer work
* An awareness, interest in and understanding of the role of a justice of the peace
* Strong intellectual, analytical and decision-making abilities
* Strong listening skills
* Strong written and oral communication skills
* Ability to work independently, managing time and heavy workload without supervision
* Ability to make sound and timely judgments
* Ability to keep an open mind while hearing all sides of an argument
* Capacity to handle stress, pressures and isolation of the judicial role
* Strong, dignified interpersonal skills
* Computer skills
* Ability and willingness to learn
* Ability to travel as required
* Ability to present a clear, concise and well-written application document that is reflective of the candidate’s interest and ability
* Bilingual ability (may be required in some base court locations)

Personal Characteristics

* Demonstrates good judgment and common sense
* Politeness, compassion, empathy and respect for the essential dignity of all persons
* Keen interest in people and humanity
* Moral courage and high ethics
* Patience
* Punctuality and good regular work habits
* A reputation for integrity and fairness
* An absence of pomposity and authoritarian tendencies
* Courtesy
* Honesty
* Reliability and preparedness
* Not involved in serious, unresolved professional complaints/claims, civil actions or financial claims including proposals to creditors or family support arrears or bankruptcy

Community Awareness

* A demonstrated commitment to community service
* Awareness of and an interest in regional and social issues that give rise to cases coming before the courts

In its review process, the Committee recognizes the importance of reflecting the diversity of Ontario’s population in appointments of justices of the peace.

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PostPosted: Mon Nov 16, 2009 1:27 am 
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racer wrote:
3. It is 2 years after the date of conviction. Say you pay today - you're guilty today, the clock starts ticking down. The offense stays on your record for life though, but for insurance purposes it is 3 years after conviction.


For demerit points, it's actually 2 years from the date of offense. If the trial takes 16 months, the points will only show up for the last 8 months.

Everything else though takes place from date of conviction.


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PostPosted: Fri Dec 18, 2009 1:00 am 
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browsing wrote:
racer wrote:
3. It is 2 years after the date of conviction. Say you pay today - you're guilty today, the clock starts ticking down. The offense stays on your record for life though, but for insurance purposes it is 3 years after conviction.


For demerit points, it's actually 2 years from the date of offense. If the trial takes 16 months, the points will only show up for the last 8 months.

Everything else though takes place from date of conviction.


That's great news! So it would be in my interest to prolong the trial as much as possible.

How do I "file for disclosure"?

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PostPosted: Fri Dec 18, 2009 7:12 pm 
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Send in a typed & signed form by fax, registered mail, or drop it off at the courthouse - make sure you get a receipt if you drop it off!

Ticketcombat's website gives a sample form:

http://www.ticketcombat.com/step4/disclosurehow.php

A word of caution: The "specific request" in the sample disclosure form that Ticketcombat provides does not fully apply to your case. What you want is to request a full copy of the officer's notes. If you no longer have a copy of your ticket, ask for a photocopy of the ticket as well. Note that on TC's sample form it says a "photocopy of the front & back of the ticket," but the back is where the officer may (if they choose to do so) insert notes. Otherwise, it will simply be blank and the officer's notes will come from his/her notebook, so asking for the back to be photocopied is not necessary.

Retain a copy of your disclosure request as well. If you go to the courthouse to drop it off, keep a record of the name of the clerk you spoke with, date and time, and what was said. This is in case they try to play any games with you, such as "we don't accept disclosure requests like this" or "you'll need to get a legally accredited individual to file this" or other cute little tricks that they think are acceptable. :roll:

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