First ticket in my Micra killed

[AlphaMicra]

So back in November 2014, the City of Toronto issued a parking ticket to my Micra. I had parked right next to the machine that issues parking permits. They went on a blitz, and within two minutes after my purchase of a legitimate parking permit, they ticketed me for parking in a transit stop zone. Obviously the meter maid was laying in wait to issue the $60 ticket in this poorly signed area with a rather generous transit stop zone. It was a trap. I wanted to fight it, so I checked off the option to go to trial.

I lost more money from taking time off work this morning to fight the ticket than what the ticket cost, but I am a man of principle. One of my principles is to not give money to crooks, parasites, or bullies, even if it costs me. Also, I am a defender of civil rights, and anytime I am charged with an offense, I expect my day in court as guaranteed under the charter because, dammit, I'm a tax-paying Canadian, and it's my right. When I didn't receive notice for trial, I figured they must've dropped it. I was shocked when I received my notice of trial towards the end of December of 2015, set for today. Clearly, these people have no respect for my rights as guaranteed under the charter, but I thought I'd try to play ball with these clowns anyway.

On January 6, 2016, I faxed the prosecutor my request for disclosure. I waited for over a month, and when I still had not received anything, I realized that I was wasting time and so pulled the trigger and filed form 4F with the prosecutor, the attorney general of Ontario, and the attorney general of Canada via fax while there still was time to do so.

I entered court room W2 at the Ontario Court of Justice at 2700 Eglinton Avenue West today at 8:50. I stood in line, and when it was my turn to speak to the prosecutor, I noticed he had already noted next to my name was a note that said "4F." he asked if I was going forward with that, I confirmed that I was, then he said "OK" and spoke to the next person, whom he argued with regarding why she had not brought a receipt with her.

I took my seat. I rose and sat as His Worship entered he courtroom. We were advised that all electronic devices were to be turned off, and he was annoyed when some old man's flip phone chirped incessantly, almost protesting at being turned off.

The first group of people were the ones who were going to plead guilty. To my amazement, some had bigger fines than mine, and those were issued way back in September 2014. It was obvious to me that these people were not wasting their time; from their dress and appearances, the amount of their fine was probably far greater than what they would have earned that morning. I felt really bad that these people were preyed upon and their rights trampled; I wanted to reach out to them and say, "Wait! You don't have to go along with this; you're here today, you know it's wrong," but I could not speak out of turn and interfere. They crumpled under the tag-team of prosecutor and judge. If only self-esteem could be found in a drug store and covered by OHIP.

At 9:25, His Worship announced that he was going to take a recess, but not before explaining to us how parking in the city of Toronto is a really simple thing, you're either illegally parked or not, and how it's absolute liability, and all the prosecutor has to do is prove that you were parked in the wrong place. Then he left as we rose and sat. After that, the prosecutor announced that he would only have time for one or two cases today, and the rest would need to be heard on a later date. He said that if anyone wanted to request a later date, he would make sure their case would be heard first on that date.

I wanted to scream. As soon as you ask for a later date, you've waived your rights guaranteed under section 11(b) of the Canadian Charter of Rights and Freedoms. If, on the other hand, the trial is delayed through no fault of your own, you can make a motion to have the charges stayed. This was a trap, and some people were walking right into it! They could have simply made a motion of notice of constitutional question right then and there! Good grief, doesn't anybody know their rights anymore? They really ought to teach us this in school.

His Worship strolled into the courtroom at 9:35. That's when those of us who had filed our Form 4F's were called up. I noticed that the prosecutor and the judge used langauge that would have been obscure to all present, except for those of us who understand what Charter 11(B) and form 4F are about. Keep people in the dark. While the prosecutor seemed to have no issue with agreeing with a stay of charges for us, the judge seemed perturbed. Perhaps it's because phones went off during the first segment. No matter, he's bound by case law and he knows it. I was polite in addressing him, and walked out at 9:50 having killed the ticket.

Anyway, I thought I'd share the experience. I fought the law, and the law lost...but they still play a crooked game and need to be called on it.

[Wynter]

Thanks for sharing, a lot of valuable information. Glad you fought and won, minus the cost to you, but you set a point to those crooks - it won't work with everyone! Congrats!

[SMUTT155]

So back in November 2014, the City of Toronto issued a parking ticket to my Micra. I had parked right next to the machine that issues parking permits. They went on a blitz, and within two minutes after my purchase of a legitimate parking permit, they ticketed me for parking in a transit stop zone. Obviously the meter maid was laying in wait to issue the $60 ticket in this poorly signed area with a rather generous transit stop zone. It was a trap. I wanted to fight it, so I checked off the option to go to trial.

I lost more money from taking time off work this morning to fight the ticket than what the ticket cost, but I am a man of principle. One of my principles is to not give money to crooks, parasites, or bullies, even if it costs me. Also, I am a defender of civil rights, and anytime I am charged with an offense, I expect my day in court as guaranteed under the charter because, dammit, I'm a tax-paying Canadian, and it's my right. When I didn't receive notice for trial, I figured they must've dropped it. I was shocked when I received my notice of trial towards the end of December of 2015, set for today. Clearly, these people have no respect for my rights as guaranteed under the charter, but I thought I'd try to play ball with these clowns anyway.

On January 6, 2016, I faxed the prosecutor my request for disclosure. I waited for over a month, and when I still had not received anything, I realized that I was wasting time and so pulled the trigger and filed form 4F with the prosecutor, the attorney general of Ontario, and the attorney general of Canada via fax while there still was time to do so.

I entered court room W2 at the Ontario Court of Justice at 2700 Eglinton Avenue West today at 8:50. I stood in line, and when it was my turn to speak to the prosecutor, I noticed he had already noted next to my name was a note that said "4F." he asked if I was going forward with that, I confirmed that I was, then he said "OK" and spoke to the next person, whom he argued with regarding why she had not brought a receipt with her.

I took my seat. I rose and sat as His Worship entered he courtroom. We were advised that all electronic devices were to be turned off, and he was annoyed when some old man's flip phone chirped incessantly, almost protesting at being turned off.

The first group of people were the ones who were going to plead guilty. To my amazement, some had bigger fines than mine, and those were issued way back in September 2014. It was obvious to me that these people were not wasting their time; from their dress and appearances, the amount of their fine was probably far greater than what they would have earned that morning. I felt really bad that these people were preyed upon and their rights trampled; I wanted to reach out to them and say, "Wait! You don't have to go along with this; you're here today, you know it's wrong," but I could not speak out of turn and interfere. They crumpled under the tag-team of prosecutor and judge. If only self-esteem could be found in a drug store and covered by OHIP.

At 9:25, His Worship announced that he was going to take a recess, but not before explaining to us how parking in the city of Toronto is a really simple thing, you're either illegally parked or not, and how it's absolute liability, and all the prosecutor has to do is prove that you were parked in the wrong place. Then he left as we rose and sat. After that, the prosecutor announced that he would only have time for one or two cases today, and the rest would need to be heard on a later date. He said that if anyone wanted to request a later date, he would make sure their case would be heard first on that date.

I wanted to scream. As soon as you ask for a later date, you've waived your rights guaranteed under section 11(b) of the Canadian Charter of Rights and Freedoms. If, on the other hand, the trial is delayed through no fault of your own, you can make a motion to have the charges stayed. This was a trap, and some people were walking right into it! They could have simply made a motion of notice of constitutional question right then and there! Good grief, doesn't anybody know their rights anymore? They really ought to teach us this in school.

His Worship strolled into the courtroom at 9:35. That's when those of us who had filed our Form 4F's were called up. I noticed that the prosecutor and the judge used langauge that would have been obscure to all present, except for those of us who understand what Charter 11(B) and form 4F are about. Keep people in the dark. While the prosecutor seemed to have no issue with agreeing with a stay of charges for us, the judge seemed perturbed. Perhaps it's because phones went off during the first segment. No matter, he's bound by case law and he knows it. I was polite in addressing him, and walked out at 9:50 having killed the ticket.

Anyway, I thought I'd share the experience. I fought the law, and the law lost...but they still play a crooked game and need to be called on it.

So much for leaving politics out of the forums.

[AlphaMicra]