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Hello whenaxis,

So you are saying that s. 813 of the Criminal Code of Canada, pertaining to summary conviction appeals, does not grant the right to appeal?

I was studying cases on CanLII's website and noticed many traffic infractions were appealed on grounds laid out under s. 813:

https://www.canlii.org/en/sk/skqb/doc/2015/2015skqb278 ...

Folks,

I have filed already a notice of appeal.

I have a question if anyone with knowledge could kindly answer:

1) Can a legal argument which was not introduced at trial, be introduced in appeal? Example, no mention of a certain rule or regulation, or court case precedent was brought up in the defendants arguments during the trial, but the ...

Did you admit to it? Did you make sure there were signs posted advising you of the construction zone?

Like daggx suggested, you must obtain the disclosure to see what evidence the police officer has on you, if any.

Hey guys

Can anyone take a look at my grounds for appeal of my notice to appeal and tell me if everything is acceptable?

This is my first time doing this so I've been using the resources I can find online.

https://cache.nebula.phx3.secureserver.net/obj/NTM4QkM0OUM0RDAxQTZBNEEzODM6M2E4MTM5YmU3NzE3ZjNjMTYwYmMzM2VkM2JjZGQ4MWE=?uid=12b0fd0d-6369 ...

A lot of cases when the defendant testifies, the justice of the peace or the judge conducts a "W.D. analysis" and it comes from the case law R. v. W.(D), [1991] 1 S.C.R. 742, which states:

First, if you believe the evidence of the accused, obviously you must acquit.

Second, if you do not believe the testimony of the accused but you are left in ...

Do you have any proof that you requested media files from them when you asked for disclosure and they said-- NO.

If so, that would be trickery and you could ask the court for a delay pending review of disclosure not initially revealed to you.

In your position, I would wholeheartedly inform the court I was completely sure that I came to an ...

Hey folks,

The justice ruled against against me.

Nonetheless, I plan to appeal the ruling under error of law, which I believe there is substantial and straight-forward evidence of.

For my notice of appeal, which I intend to file with the court on Tuesday, I am seeking to include something along these lines:

i) Justice Rondo erred in ...

Well, I got a call the other day and it was to delay the hearing for another month and few days; there was a major snow storm and the justice told me that he could not make it on time and was having trouble viewing the video. He has not decided whether to admit the video or not. Postponed until April 12th for a phone hearing and verdict (though he ...

Hey folks,

In peoples experience here, is a delayed verdict better for the defence or the prosecution?

With my case, the judge said he had many things to consider and review. I felt it was in my favor but was wondering your expert opinions?

That may be true in many cases but often I have sought a second version to the story which has resulted in no charge being laid. If you say nothing the officer can only rely on the other person's version of events.

On top of that is the tactic I recommend to my friends: be friendly and apologise. Often that will get you a warning. Of course if ...

They have no evidence of anything, aside from possibly the cop's word. I believe in the mantra of, "admit nothing, deny everything, make counteraccuations".



I believe in the Legal Advice 101 rule, which states: "Never say anything to the police."

Nothing you say to the police will benefit you; if anything, it will always be used against you.

Who cares if you did it. They have to prove beyond reasonable doubt that you did it.

Ask for the disclosure and see what evidence they have at all.

Just because you may have admitted it at the time, doesn't mean they have evidence that you ever did.

I would challenge it in court. They want to waste your time with a minuscule ticket like that ...

I had day 2 of this stop sign trial (another full hour today of me questioning).

Decision was not given today, the justice told me that I can be reached by telephone for the decision March 8th- attend only if I want to.

He has alot of evidence to consider.

The justice refused to consider the second offense at all, denying the prosecution the ...

Well, how can the officer actually prove you were on your phone at the stop light (whether you were or were not, irrelevant)?

This has to be proven in court, beyond any reasonable doubt.

Unless you admitted to the officer and he had a body camera or a microphone with him, as some Ontario police do, how can that be proven?

I would get the ...

Congratualtions on doing what sounds like a good job in court!

Basically after you ask all the officers all the questions you want, you will then get a chance to take the witness stand and give your side of the story.

When that is all done, you get to present your closing arguments which is where you basically summarize all the problems with ...

I had court today. It took aprox 50 minutes for the trial. The JP allowed the video as evidence, but promised to use it with a grain of salt since the video tech wasn't there- who was on vacation. Police were unable to satisfactory answer my questions about the video camera and compression of data. JP bought my argument that the data could have ...

Disclosure is an ongoing process where the defendant must take an active role. If you wait until court to ask for a typed written break down of the officers notes, the Jusitce of the Peace will question you as to what efforts you made to get a typed version of the notes...at trial, the JP may, or may not, adjourn the matter...The notes are not ...

If officer does not show, then you can request the charge be dropped. That is probably best course of action.

Getting on stand and saying you stopped 99% will just mean you admitted you did not stop and by your own words you will be found guilty. You probably do NOT want to testify.

If the officer is not there, but they are still going to ...

So today, I got some additional disclosure from the local police (I live in a small town, so its really easy). The police officer for the court intends to show a video from the cruiser- which was taken at night, from a lengthy distance, as "proof" that I failed to properly stop. In my opinion, objects in the video with lights are falsely appearing ...

Does the act specifically say that the check mark has to be in the box ?

Will your video editor testify that video makes things appear to be moving when they are actually stationary ?

I admire your tenacity but I fear the only person you will be inconveniencing is yourself - the Crown is being paid to be there.

Well, for me, I am not ...

Does the act specifically say that the check mark has to be in the box ?

Will your video editor testify that video makes things appear to be moving when they are actually stationary ?

I admire your tenacity but I fear the only person you will be inconveniencing is yourself - the Crown is being paid to be there.

The Saskatchewan Summary ...

I watched the video a bunch of times. Your brake lights were on for about five seconds. I find it really hard to tell whether you came to a complete stop or were still rolling. The officer was sufficiently far back that it's difficult to gauge where you were relative to the intersection. That's my opinion; the JP could see it the other way ...

From the regulations, the definition of "completion of ticket."

Completion of ticket
12(1) A peace officer who issues a ticket with respect to an offence shall:
(a) in the spaces provided on the ticket, give:
(i) the section number of the Act, regulation or bylaw pursuant to which
the charge is made;
(ii) a brief description in words of the ...

Hey guys

Do you think this would be considered a fatal error, having no offence box properly selected (not even close) He does have the section number of the Sask Highway Traffic Act in there, but no actual box is selected of the offence I committed.

Could this be, a fatal error? Could it be successfully argued that the ticket is NOT complete nor ...

Hey folks. Sick me yet? I enjoy the replies and I hope they keep coming.

I used the resources on this awesome forum and our SaskLawCourts website to decide on my next step, additional disclosure.

I requested disclosure on the same day of the 1st appearance, Nov. 9th. It wasn't until January 6th I received it, the court case is Jan 19th.

Upon ...

Secondly, if the officer doesn't show, the prosecutor can't proceed. They would be unable to ID you as the driver and the video would not be able to be authenticated (and so, inadmissable).


Well I live in a small town, unfortunately, courthouse is right beside the police station.

However I'm hoping that the police discourage their officers ...

You were not charged based on the video evidence. The video evidence is just extra.


True, but without the video evidence, the officer lacks the competency to determine that my vehicle came to an adequate stop.

It was the darkest of nights.


Having your brake lights on isn't evidence of stopping and they weren't on for around 10 seconds ...

And guys, one more things.

Here is the non legible ticket I was issued, detailing or summarising the offense. Can you read it, cause I can only read bits and pieces (and I love reading, and writing!)

Do you think my intention of forcing the officer to translate this in court (assuming he shows up, I hope he doesn't- but if he does) is a good idea ...

You come barreling out of the side street with nothing close to a stop. Your car was not obstructed for a "couple seconds". You'd be lucky if it was obstructed for a single second. I think probable is being generous.


Could we say the officer's camera was too far back and only reflects lighting. If you review the other lighting in the video at ...

I agree with Bend---you have not only interpreted the law wrong, but the video speaks for itself that you didn't stop (and the officer was no risk to you).

Re-read section 40(4)(a) of the HTA (Sask).

40(4) The driver of a vehicle shall bring the vehicle to a stop:
(a) at every place where a stop sign is erected...

then, subsection 6
40(6) No ...