http://fightyourtickets.ca/mississauga- ... -in-court/ As the above link says, Mississauga is moving parking ticket disputes out of court to be "adjudicated" by city employees. Essentially instead of having one's day in court before an impartial justice, the city becomes judge, jury and executioner. How is this fair? What does one have to do to appeal this and get it oveturned(appeal to the SCC?). It's happenining in other towns as well as the link below shows: http://www.yorkregion.com/news-story/41 ... eeing-red/
As the above link says, Mississauga is moving parking ticket disputes out of court to be "adjudicated" by city employees. Essentially instead of having one's day in court before an impartial justice, the city becomes judge, jury and executioner. How is this fair? What does one have to do to appeal this and get it oveturned(appeal to the SCC?).
It's happenining in other towns as well as the link below shows:
How is this even constitutional when the Canadian Charter of Rights and Freedoms clearly states in Section 11(d): "Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a FAIR and public hearing by an INDEPENDENT and IMPARTIAL tribunal" Somehow I don't think an employee appointed and accountable to the City is fair, independent and impartial.
How is this even constitutional when the Canadian Charter of Rights and Freedoms clearly states in Section 11(d):
"Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a FAIR and public hearing by an INDEPENDENT and IMPARTIAL tribunal"
Somehow I don't think an employee appointed and accountable to the City is fair, independent and impartial.
Go transit also uses the AMP system for parking tickets issued on their property as well as fair evasion tickets. AMPS are also used at the Federal level for various violations of the Customs Act and Food Inspection regulations among other things. This seems to be a growing trend for dealing with non-criminal violations that do not involve jail time. I've never had to argue a fine issued under this system so I've never seen the arbitration process first hand, but I do agree that having to appeal an AMP to a person working for the entity that issued the fine in the first place seems questionable.
Go transit also uses the AMP system for parking tickets issued on their property as well as fair evasion tickets. AMPS are also used at the Federal level for various violations of the Customs Act and Food Inspection regulations among other things. This seems to be a growing trend for dealing with non-criminal violations that do not involve jail time. I've never had to argue a fine issued under this system so I've never seen the arbitration process first hand, but I do agree that having to appeal an AMP to a person working for the entity that issued the fine in the first place seems questionable.
I'm not a fan of this arbitration process, it's already silently being used in major GTA cities: Mississauga, Brampton, Vaughan, Burlington, Oshawa. With the Provincial Offences Act if you received a parking ticket, there would be a 'Notice of Impending Conviction Notice' sent to your address. With the Municipal Act's AMP system there is no mechanism to trigger that notice. Drivers who've had their parking tickets blown off their windshield are getting conviction letters in the mail with administrative fees that are sometimes higher than the original fine.
I'm not a fan of this arbitration process, it's already silently being used in major GTA cities: Mississauga, Brampton, Vaughan, Burlington, Oshawa. With the Provincial Offences Act if you received a parking ticket, there would be a 'Notice of Impending Conviction Notice' sent to your address.
With the Municipal Act's AMP system there is no mechanism to trigger that notice. Drivers who've had their parking tickets blown off their windshield are getting conviction letters in the mail with administrative fees that are sometimes higher than the original fine.
Toronto will be introducing an Administrative Monetary Penalty system for parking tickets starting on August 28th. The bylaw enabling this was quietly passed back in March. This means that you will no longer be able to argue a Toronto parking ticket in Provincial Offences Court, but instead will have to make your case to a city appointed arbitrator. Here is the notice on there website describing how the system will work and a copy of the By-law. It looks pretty similar to the other AMP systems described in this thread. City Website: https://www1.toronto.ca/wps/portal/cont ... d60f89RCRD Copy of the Bylaw: http://www.toronto.ca/legdocs/bylaws/2017/law0799.pdf
Toronto will be introducing an Administrative Monetary Penalty system for parking tickets starting on August 28th. The bylaw enabling this was quietly passed back in March. This means that you will no longer be able to argue a Toronto parking ticket in Provincial Offences Court, but instead will have to make your case to a city appointed arbitrator. Here is the notice on there website describing how the system will work and a copy of the By-law. It looks pretty similar to the other AMP systems described in this thread.
So the city charges you, then the city judges you, and the city benefits financially from convictions. Yep, totally no problems with that system whatsoever.
So the city charges you, then the city judges you, and the city benefits financially from convictions.
Yep, totally no problems with that system whatsoever.
There is much more to it than that. Look at what's going on in the US where towns have been forbidden from giving tickets as a whole because of corruption. Look at other cases where the chiefs say go and get people because we need money, so they're out there harassing people who walk with a limp and drivers who are picking their nose. I'm afraid that there is much to tickets than just enforcing the law, almost everywhere it has been used as a revenue tool and with bad intent. It is also no coincidence that every municipality jumped on this about the same time. Just like those smart meters, all of a sudden the entire world went from rejecting it to pushing it on residents, from Australia to Austria. When you see such a coordinated effort it is usually someone pulling the strings somewhere. In Toronto it looks like Tory who has waged a war on drivers and cars since the day he took office, he went right in to heavy handed ticketing and towing for something that wasn't a big problem to begin with and then he back tracked right after that on his toll highway promise and not only changed his mind on tolls but vigorously started an effort to push them on the residents. It's hard to believe that he changed his mind like that, his full plan all along was a surveillance system for the Toronto highways. Thankfully the rotten wynne govt couldn't afford to take this hit and she rejected his plea for the law change. I would guess the toronto AMP system is the same thing, taking rights away from people and generating revenue for the city. This should scare people because the ticketers are already commission based and don't exactly have the best track record.
FyreStorm wrote:
And so the best way to beat the system is to not break the law...and that is clearly the primary intent of the system...win win!
There is much more to it than that. Look at what's going on in the US where towns have been forbidden from giving tickets as a whole because of corruption. Look at other cases where the chiefs say go and get people because we need money, so they're out there harassing people who walk with a limp and drivers who are picking their nose. I'm afraid that there is much to tickets than just enforcing the law, almost everywhere it has been used as a revenue tool and with bad intent. It is also no coincidence that every municipality jumped on this about the same time. Just like those smart meters, all of a sudden the entire world went from rejecting it to pushing it on residents, from Australia to Austria. When you see such a coordinated effort it is usually someone pulling the strings somewhere. In Toronto it looks like Tory who has waged a war on drivers and cars since the day he took office, he went right in to heavy handed ticketing and towing for something that wasn't a big problem to begin with and then he back tracked right after that on his toll highway promise and not only changed his mind on tolls but vigorously started an effort to push them on the residents. It's hard to believe that he changed his mind like that, his full plan all along was a surveillance system for the Toronto highways. Thankfully the rotten wynne govt couldn't afford to take this hit and she rejected his plea for the law change. I would guess the toronto AMP system is the same thing, taking rights away from people and generating revenue for the city. This should scare people because the ticketers are already commission based and don't exactly have the best track record.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
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 on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…