Appeal Red light conviction

jsherk
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Re: Appeal Red light conviction

by: jsherk on
Tue Nov 29, 2016 10:19 am

It could be one point for sure, yes! You want to find as many issues like that as you can though. The more the better.
+++ This is not legal advice, only my opinion +++


argyll
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by: argyll on
Tue Nov 29, 2016 10:36 am

It is not the judge's job to solicit objections. If you had had an objection you could have raised it. The fact that you didn't will make it almost impossible to raise as an issue at appeal. The fact that some judges may ask if counsel have any objection does not make it a requirement.
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by: hashe31us on
Wed Nov 30, 2016 4:56 pm

lolwut wrote:Did you submit a disclosure request to the crown or just an FOI request to the RCMP?
I did to the crown but I did it Separately I requested it through Federal Access to Information act because it was an RCMP matter and the any document is the Federal document and it’s subject to that Act they have the obligation to provide you that information but they said there is none existed.


argyll
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by: argyll on
Wed Nov 30, 2016 5:18 pm

Something isn't right. There's no way you would have a FOI response 20 days after the incident. They take along time. Could it have been some other response?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


hashe31us
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by: hashe31us on
Wed Nov 30, 2016 6:52 pm

argyll wrote:Something isn't right. There's no way you would have a FOI response 20 days after the incident. They take along time. Could it have been some other response?
http://laws-lois.justice.gc.ca/eng/acts/a-1/

They have 30 days to respond when you request the information. This is only for Federal Government record which includes RCMP
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argyll
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by: argyll on
Wed Nov 30, 2016 7:08 pm

Without seeing what request you made and what the response was it's difficult to comment. ATI is a bit of a minefield.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


hashe31us
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by: hashe31us on
Wed Nov 30, 2016 7:33 pm

argyll wrote:Without seeing what request you made and what the response was it's difficult to comment. ATI is a bit of a minefield.
I have uploaded the RCMP letter in my previous response. Please check it out




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by: argyll on
Thu Dec 01, 2016 1:55 am

Just to be clear - this was in Ontario, right? It isn't often that the RCMP write traffic tickets in Ontario.

It isn't just notes that the letter above says they didn't have, it says they have nothing. This suggests that either they made an error or you made an error somewhere in your request perhaps to whom you sent it. This doesn't show that the notes were written after 20 days or else the entire occurrence wouldn't have been created after that time on the computers and that isn't possible.

Did you get the notes in your disclosure from the Crown? If so then any complaint you may have will be through the Privacy Act provisions.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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by: argyll on
Thu Dec 01, 2016 1:58 am

hashe31us wrote:Ottawa. I requested the disclosure from prosecutor as soon as I received the court date but they didn't give me the officers note more than 3 month later. Also, officers not doesn't have a date written. I asked officer in the court specifically that if the note belongs to the RCMP or you and he said:RCMP. But RCMP letter shows they didn't have it at least 20 days later than ticket submission. DO you think this is good ground for appeal?
I don't think this is any ground for an appeal. You did receive disclosure in the normal course of the court process.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !




hashe31us
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by: hashe31us on
Thu Dec 01, 2016 3:50 pm

argyll wrote:Just to be clear - this was in Ontario, right? It isn't often that the RCMP write traffic tickets in Ontario.

It isn't just notes that the letter above says they didn't have, it says they have nothing. This suggests that either they made an error or you made an error somewhere in your request perhaps to whom you sent it. This doesn't show that the notes were written after 20 days or else the entire occurrence wouldn't have been created after that time on the computers and that isn't possible.

Did you get the notes in your disclosure from the Crown? If so then any complaint you may have will be through the Privacy Act provisions.

• The only crown’ evidence was officer’s note.
• The officer note belongs to RCMP (I specifically asked him in cross-examination If the note belongs to him or RCMP He said: RCMP).
• The note was not written in reasonable time (The evidence is the RCMP letter which stats there is no such document existed. This letter dated 20 days after the ticketed issued. )
• The Federal Government has the obligation based on Privacy and Access to information act to provide this information within 30 days of your request.
• This is not related to disclosure, my defense is the crown evidence is not reliable.
I need the case /law that stats officer should write his note in reasonable time.


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