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 will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
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…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…