Ontariohighwaytrafficact.com

The problem is not the date that the notes were written but the fact that your request under the Privacy Act did not get any results. There would have been a computer record of the incident created right when it happened but that was not forthcoming either. That shows that nothing came up. You might have an argument to be made if you had got the computer record but not the notes.

Did you ask when the notes were made during the trial. If not then you cannot ask that in an appeal as it would be new evidence. If you did and the office said they were made shortly thereafter then your argument is that you think the judge shouldn't have believed the testimony and that's a hard argument to have accepted.

Do what you will but I don't see a positive outcome for you.

Can I mail my notice of appeal to the court or should I go in person?

Before I start my appeal, I want to now if I receive a Conviction Notice in the mail?

You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).

You must also pay the fine before they will accept and appeal...If you win at appeal, they mail you the money back...there is a way around paying the fine for exceptional cases...

screeech wrote:

You must also pay the fine before they will accept and appeal...If you win at appeal, they mail you the money back...there is a way around paying the fine for exceptional cases...

Correct, a separate application to appeal without paying the fine can be made of there is a basis to do so.

When I write the Appeal ground should it be in detailed or I can be as general as: Judge made an error in Law

It can be general as "Justice of the Peace made an error at law".

jsherk wrote:

It can be general as "Justice of the Peace made an error at law".

As this is a RCMP matter should I serve the notice of appeal to the Federal persecutor office for this mater?

I have no idea how to deal with RCMP. I have only dealt with OPP and Municipal Police in Ontario.

Call the provincial offences office and ask them and they will tell you where you need to file things.

I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.

argyll wrote:

I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.

I think this is not related to this topic

hashe31us wrote:

argyll wrote:

I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.

I think this is not related to this topic

oops sorry.....wrong thread......long day

jsherk wrote:

I have no idea how to deal with RCMP. I have only dealt with OPP and Municipal Police in Ontario.

Call the provincial offences office and ask them and they will tell you where you need to file things.

Can I mail my notice of appeal to the court or should I go in person?

The issue is the date that the notes were made. The error from disclosure is that the date wasn't included, but there would have been a date. What sometimes happens is an officer writes the date at the start of the shift and then makes pages of notes. My best practice was to photocopy the date page and then attach it to the actual incident notes. It appears as if this did not happen. That would have been your line of questioning at the trial, asking when the notes were made. The fact that you didn't get them through FOI is a complaint against that process, not the disclosure which you DID receive and had an opportunity to cross-examine and ask the officer when they were made.

No officer is going to perjure themselves and say they made their notes at the time when they actually made them 20 days later as it would be so easy to find out - that's why notebook pages are numbered. Why would they risk a $100k a year job for a traffic ticket ? You had the opportunity to question what date the notes were made when the officer was on the stand ? Did you ask him when they were made ? Did you ask him to show you the date entry ? If not then that is a poor presentation of evidence to support your case, not a ground for a successful appeal.

argyll wrote:

The issue is the date that the notes were made. The error from disclosure is that the date wasn't included, but there would have been a date. What sometimes happens is an officer writes the date at the start of the shift and then makes pages of notes. My best practice was to photocopy the date page and then attach it to the actual incident notes. It appears as if this did not happen. That would have been your line of questioning at the trial, asking when the notes were made. The fact that you didn't get them through FOI is a complaint against that process, not the disclosure which you DID receive and had an opportunity to cross-examine and ask the officer when they were made.

No officer is going to perjure themselves and say they made their notes at the time when they actually made them 20 days later as it would be so easy to find out - that's why notebook pages are numbered. Why would they risk a $100k a year job for a traffic ticket ? You had the opportunity to question what date the notes were made when the officer was on the stand ? Did you ask him when they were made ? Did you ask him to show you the date entry ? If not then that is a poor presentation of evidence to support your case, not a ground for a successful appeal.

The crown asked him and he said he wrote it right away. I am not sure if the ticket is same for RCMP and other force but it appears he wrote it in the back of the ticket.

Did you cross examine the officer? If not why not? If you failed to do so, that is not grounds for an appeal.

lolwut wrote:

Did you cross examine the officer? If not why not? If you failed to do so, that is not grounds for an appeal.

I did cross examine him.

jsherk wrote:

You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).

The reason is in not sure if the judge added 5$ court cost to the original ticket set fine.? Do they usually add it?

Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe, and they will be able to tell you the Fine amount, the Court Cost amount and the Victim Surcharge amount.

I want to serve the transcript to prosecutor but because RCMP issued the ticket I don't know should I give it to Federal persecutor?

jsherk wrote:

Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe, and they will be able to tell you the Fine amount, the Court Cost amount and the Victim Surcharge amount.

So I got my transcript. RCMP officer was enforcing the traffic in Federal Roadway, but he charged me with Ontario Highway traffic act.

What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:

- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof

So most likely a federal roadway would qualify as a highway.

jsherk wrote:

What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:

- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof

So most likely a federal roadway would qualify as a highway.

In Ottawa we have places like National research consul this are excluded from Ontario law because these are under Federal jurisdiction.

They actually aren't "excluded form Ontario law"

The GPTR simply allows the issuing of Provinal Offence notices on federal property in any Province and says that the provinicial laws where that property is located are in effect.

A common example are the offence notices issued on Canadian Forces Bases.

http://laws-lois.justice.gc.ca/eng/regu ... .,_c._887/

If I ask the crown to change it from 144(18) to Red light camera and she accepts,

Is it going to my driving license record? I am not the owner of the car but I am the driver.

What would be the best deal I can get from the crown?

I got a ticket and went to trial and court ruled against me, I filed a motion to appeal. Also, the court extended the due date to pay the ticket to 30 Nov 2017

Today I went to appeal court and the court dismissed my appeal. Do I still have time to pay the ticket until 30 Nov 2017?