I've searched for hours looking for a similar situation to mine on a number of forums, and I couldn't come up with anything close. I know I need to file for disclosure tomorrow (my court date is October 7th), and plan to do so regardless of what else I end up doing, but I could really use some help with this one.
I was arrested on private property after being watched and stalked for over two hours by an officer for allegedly having put the wrong licence plate sticker on my car and my ownership - use validation not furnished for vehicle, 12 (1) (a), and alter permit 12 (1) (a) - even though I did not leave private property and had no intention of doing so. Not only was I not guilty of any crime or violation, but the entire stop was clearly illegal and a result of the emotional state of the officer.
Here's a copy of the formal online complaint which I filed against the officer:
Date: August 26, 2016
Location: Tim Horton’s / Petro Canada Parking Lot
I first moved my car to the Tim Horton’s side of the parking lot, where I noticed two police cruisers parked and the officers chatting with their windows down. I went inside Tim Horton’s with my dad and ordered coffee and food.
About 15 minutes later, I saw another police cruiser park next to the other two, and begin chatting with the windows down.
About 30 minutes later, I saw two of the three cruisers leave, with the third moving and parking directly across the window where we were sitting. I noticed the officer in the cruiser appeared to be watching us. At one point, I couldn’t ignore the feeling and told my dad I thought we were being watched. It was extremely unnerving.
About 1 hour later, I went to the washroom, then left Tim Horton’s and headed to my car with my dad. I started my car, and saw the cruiser pull out of the parking spot it had occupied for at least an hour and a half, then swing around far behind us at the end of the lot.
I then drove across the parking lot to the Petro Canada to fill the tires with air, and the cruiser followed us and parked facing us in front of the Petro Canada, then moved and parked facing us near the adjacent car wash. At this point I felt certain that I was being stalked and I wondered why, which was very distressing. I decided to park my car and ask the officer why I was being followed on private property. I actually told this to my dad before starting my car as I was putting the valve caps back on.
I moved the car slowly through the gas pumps, around the front of Tim Horton’s, then to the back of the lot in Tim Horton’s where there is no exit point, parked the car in the same spot it had been before, and shut off the engine. At that point the officer turned on his lights and pulled up behind me.
Clearly angry, he approached quickly and said “You’re under arrest. You made me, didn’t you? I stopped you just as you were pulling out.” His first statement was intimidating and I was shocked and frightened, which was clearly his intention. His second statement was in a very angry tone, telling me he was aware I knew that he was following me, which I was. His third statement was complete fabrication. At no point did I intend to leave private property, as I was extremely upset about this officer stalking me, and I knew the law and my rights. At no point during the illegal stop did the officer explain I was being arrested under the Highway Traffic Act, and at no point would the officer listen to anything I had to say. At one point the officer, again in a threatening way, implied I did not in fact own my car, which he later attempted to explain away.
The car never left private property the entire time I was with the car or it was within sight of the officer. I can attest to this, as can my witness. The G.P.S. tracking system in the cruiser will also confirm that, at no point between the time the officer was parked for at least 2 hours to when he pulled up behind me, did he even leave the parking lot. There were also witnesses who watched the officer pull up behind my parked car with his lights on and get out of his cruiser. I have detailed pictures and satellite imagery of the entire parking lot.
I was wrongfully stopped on private property, unlawfully arrested and intimidated, and unlawfully detained by this officer who clearly knew he was in violation of the law given his actions and words. I would have hoped that this officer could have followed the law and either allowed me to park and approach him for a civil conversation, or simply point out the problem to me so I had the opportunity to correct it.
This was an illegal stop with two illegal charges which I would request be both dropped and completely expunged from my record.
Thank you for your time, and in advance for your assistance.
What I didn't include in my complaint since I didn't find it relevant was that another officer appeared during my 'stop', and my arresting officer and that officer spoke at length. I'd also told my dad that I wanted to ask the officer what the problem was, and that we might have to walk home to get whatever it was taken care of.
I plan to ask for the following disclosure:
o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o if short-form writing is used any of the officer's notes, please have the officer provide an explanation for the short forms;
o the full Global Position System (G.P.S.) records for police cruiser the police officer was driving for that day, August 26, 2016;
o the full Global Position System (G.P.S.) records for any other police cruisers who parked in that parking lot on that day, August 26, 2016;
o a full copy of the other police officer’s notes who arrived during my stop;
o a typed version of any hand written notes of the other police officer who arrived during my stop;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of such statements; and
o the names and address, occupation and criminal record of the persons providing such information.
The officer likely saw me arriving on that side of the parking lot, but did not see me driving the car on a public highway. His behaviour clearly demonstrates that, as he could have stopped me the moment I arrived if I had in fact driven the car there, and he certainly would not have waited over two hours and followed me around the parking lot were he following the law himself. I know for a fact that, regardless of his notes or what he said to me, the officer's cruiser did not leave private property during the entire time I went through this ordeal. The G.P.S. record of his cruiser can't lie. I also have my dad as a witness who was with me the entire time (and who also suffered harassment as a result of this mess).
Just to add to my defense, the area of the parking lot where I was stopped has no exit points other than through the drive through. I took pictures of the entire parking lot, though I did so with my mobile and I'm not sure if they'll be admissible. I was parked (and 'stopped' while stopped) just above the red car in this Google Earth image:https://goo.gl/maps/wuQDj8kdLG72
Now, for my questions:
1.) Am I missing anything in my disclosure request? Should I mention that there is precedent set for the disclosure of G.P.S. records of police cruisers based on Halton Regional Police Services Board (Re), 2012 CanLII 69028 (ON IPC), 2012-10-26, dockets MO-2805 & MA11-487?
2.) Could I file right now for a Charter of Rights and Freedoms violation to get these charges quashed?
3.) Could I get these charges quashed in a motion before entering my not guilty plea?
4.) How do I correctly document the area in which I was stopped has no exit?
5.) Can I handle both charges together, or do I need to present separate disclosure letters and essentially double everything I do to cover both charges?
6.) Any other thoughts or advice I need to know right now?
Thank you all so much in advance for your help!