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.
I received a ticket today for not having a muffler on my car. The muffler was starting to fall off 2 days ago so i took it off so it wouldnt break off and damage someone else's vehicle. the same day i ordered a new muffler on ebay. and now today i got a ticket for not having a muffler. the cop said…
I wrote this article in response to another post regarding an on-duty police fficer involved in an MVC a a result of what appears to be some boneheadedness on his behalf...but it's a good talking point...so I've reposted it here to get other perspectives...
Is there a way to get out of being subpoenaed for an accident in ontario. i searched here and found only one thread that was related but in that case the person had already been subpoenaed. ( i guess once you are sent the subpoenea then there is no way out ? - what if you travel out of…
Hi. I have been researching the law when it comes to introducing evidence to court. I have requested disclosure and am making a Charter challenge on the grounds that incomplete disclosure. In my research, I have discovered a book on radar use in North America, it is essentially the radar bible.…
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
Hi - I was looking for some advise for the above speeding ticket I got this afternoon. I was travelling in Newmarket on Davis drive making a left hand turn onto Bathurst. The office pulled me over for failing to stop on the yellow light. I told her I did not feel I could stop safetly, as it was…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket,…
Just wanted to get an opinion on a recent charge a received. (not seeking legal advise, just some educated opinions).
Background:
My wife and i live in the GTA and recently were down in the Windsor area (lakeshore, ontario just outside of Windsor) We are in the process of moving down…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been…