Has anyone done this before? I know two people in ontario that went to court and had all there charges thrown out. One was for no proof on insurance and speeding. Individual asked questions about jurisdiction, and old driving case law, and had them tossed out. Another charged several times for no insurance, no license/suspended, improper plates, and three times had the charges thrown out appearing in court for a short period of time each time. The other which shocked me at first was when someone else had 10 charges thrown out in court without appearing at all for a trial the day before. Do you think its more beneficial for us to learn more about case law, jurisdiction and other things that may help us? I have done research on case law and seen promising and not so promising results.
Has anyone done this before? I know two people in ontario that went to court and had all there charges thrown out. One was for no proof on insurance and speeding. Individual asked questions about jurisdiction, and old driving case law, and had them tossed out. Another charged several times for no insurance, no license/suspended, improper plates, and three times had the charges thrown out appearing in court for a short period of time each time.
The other which shocked me at first was when someone else had 10 charges thrown out in court without appearing at all for a trial the day before. Do you think its more beneficial for us to learn more about case law, jurisdiction and other things that may help us? I have done research on case law and seen promising and not so promising results.
When people told me this I thought it was a legend too. I started looking up more into the topic. Case law into driving which the first Driver License was issued in 1929 in alberta for operators. People argue legislation gives them the power to regulate traffic, which it does under the constitution act. For some reason in canada people like to cite the charter, which is only a small part of the canadian constitution. Much if not all dismissals are from challenging court jurisdiction using disclosure. For example on one site that lists every company in the world, it lists almost every canadian organization as a company or corporation. Likewise, I personally have never had problems with the police. I have gotten pulled over in the past for minor and more serious offenses, and usually let go, but that was years ago. https://www.youtube.com/watch?v=mukxKL3egwI Restrictions on secondary activities 49. (1) A member of a police force shall not engage in any activity, (a) that interferes with or influences adversely the performance of his or her duties as a member of a police force, or is likely to do so; (b) that places him or her in a position of conflict of interest, or is likely to do so; (c) that would otherwise constitute full-time employment for another person; or (d) in which he or she has an advantage derived from being a member of a police force. R.S.O. 1990, c. P.15, s. 49 (1); 2009, c. 30, s. 50 (1). Obedience to de facto law 15 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs. R.S., c. C-34, s. 15.
When people told me this I thought it was a legend too. I started looking up more into the topic. Case law into driving which the first Driver License was issued in 1929 in alberta for operators. People argue legislation gives them the power to regulate traffic, which it does under the constitution act. For some reason in canada people like to cite the charter, which is only a small part of the canadian constitution. Much if not all dismissals are from challenging court jurisdiction using disclosure. For example on one site that lists every company in the world, it lists almost every canadian organization as a company or corporation. Likewise, I personally have never had problems with the police. I have gotten pulled over in the past for minor and more serious offenses, and usually let go, but that was years ago.
49. (1) A member of a police force shall not engage in any activity,
(a) that interferes with or influences adversely the performance of his or her duties as a member of a police force, or is likely to do so;
(b) that places him or her in a position of conflict of interest, or is likely to do so;
(c) that would otherwise constitute full-time employment for another person; or
(d) in which he or she has an advantage derived from being a member of a police force. R.S.O. 1990, c. P.15, s. 49 (1); 2009, c. 30, s. 50 (1).
Obedience to de facto law
15 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.
Please don't promote the "freeman" ideas in Canada they will work only to your disadvantage. Exponential levels of frustration will ensue getting you essentially no where, and you will be in a far worse place than you would have been if you had used traditional methods of challenging your ticket.
Please don't promote the "freeman" ideas in Canada they will work only to your disadvantage. Exponential levels of frustration will ensue getting you essentially no where, and you will be in a far worse place than you would have been if you had used traditional methods of challenging your ticket.
Ok, so today i was driving down steeles ave and i got pulled over, the officer approached me and got my license and pulled it up.
he came back and said my license is suspended :O i had no idea or else i wouldnt be driving at all.....the reason for the license suspension was unpaid fines....
Hi everyone, after 12 years of clean driving, I got my first ticket. I had stepped out to grab a bite and left my valid licence in my other pocket. I had an expired "valid photo ID" licence in my vehicle that I keep just in case I need photo ID. I gave the officer that one and I told him my valid…
My teenager was in an accident last Sept where another car was rear-ended.
It was an accident in every sense...it was the middle of the weekday and the kids were looking for a chip truck in durham region. No speeding or racing, they were distracted trying to find it in an unfamiliar town and…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and…
this is ALL I got in terms of notes. No record of calibration before or after.
my question is, should I send a second request for the officer's notes from the day? or can I run with this and press the point that he didn't test the unit before or after?
Friend of mine was stopped and asked to blow into alcohol test meter just because he said he had 2 drinks earlier in the night (like 4,5 hours before being stopped). He wasn't behaving erratic or driving out of line. The officer said he noted him to pull behind few parked cars and then…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong…