Riceburner
Well-known member
Does 11b still hold up with the Covid restrictions implemented in the past year?
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11b and Covid
- Thread starter Riceburner
- Start date
It will be interesting to see how they deal with it. Jordan decision allowed for exceptional circumstances to extend the time. Will the courts just pretend that 18 months never happened while the courts were basically non-functional? Even if that were the case (which I doubt), how would the courts accommodate their doubled workload processing delayed plus new cases? I suspect a lot of cases will just get dropped to clean up the backlog. How they pick which cases disappear will be really interesting. Probably friends and family at the top of the list, then what? Do all speeding charges disappear? Do they look at your past record to decide whether to proceed with current charges? Do they offer something like first-attendance over the phone to try to get some convictions and if you reject the offer they drop the charges?
D
Deleted member 50930
Guest
I have a red light camera ticket from 2020 and it's 2021 now. Still no court date ........
It was red for ~0.3 seconds
It was red for ~0.3 seconds
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I wonder if there’s a Force Majeure clause....basically the extension was no ones fault and life continues as normal once things return. Back the backlog would be insane.
However, let’s remember ever level of govt is going to be screaming for money.
However, let’s remember ever level of govt is going to be screaming for money.
Horse's mouth below.
Now, there is still room for interpretation. Do judges/JP's agree that the court closures were outside of the crown's control? Did the AG send a memo to Doug asking him to close the courts?
As you said, from a practical perspective, they have a year of unheard cases and counting up quickly. How do they deal with that logistically? That's why I think they will be offering tons of pleas to try to clean up the books and collect some money.
2016 SCC 27 (CanLII) | R. v. Jordan | CanLII
Access all information related to judgment R. v. Jordan, 2016 SCC 27 (CanLII), [2016] 1 SCR 631 on CanLII.
www.canlii.org
"Exceptional circumstances lie outside the Crown’s control in that (1) they are reasonably unforeseen or reasonably unavoidable, and (2) they cannot reasonably be remedied."
I’d be curious for curiosity’s sake. No tickets (currently) to fight. But depending on the answer my speed may increase lol
Did you switch back to the wrx? Havent seen an update on the volt saga in a long time.
Haha no. I think the WRX is gone, but I’m still fighting with the dealer with some help from a GTAMer.
Audio Heaven did the tints, but Jeff refused to do the rear window because of the repair and how it would make the tint bubble immediately. He also showed me where they cut the seals around the rear quarter windows.
I issued them a registered letter this week with resolution options or OMVIC is getting the next letter. I want the rear window and damaged seals repaired.
My last 2 emails have gone unanswered so F them.
How 'bout at the end of all this, the Crown offers anyone: no finding of guilt (maybe a conditional discharge), no points, but you pay 150% of the listed fine.
I bet you could sell that.
Seems reasonable for HTA offenses. Fines are pretty low for most (red light is probably the steepest ticket normally handed out). I don't care about points (and to be honest, if you are talking to the police enough that points matter to you, you need to fix your driving). No conviction to avoid the insurance hit is important as that vastly exceeds the fine. I'm not sure if there is a mechanism to do this. I guess you could plead guilty to a non-moving violation.
If it’s the same as a red light camera where you pay the fine, and no record on your driving record ever sees the light of day I’d be happy with that. Obviously at that stage the well off can do what they want on the road.
But where do you draw the line before you require a court date....15 over? 20? Dangerous driving?
And let’s face it, police officers get paid to go to court. Is there as much appetite to hand out tickets if your OT is reduced? But that’s me being negative.
Only HTA
Dangerous is a criminal charge, impaired in a criminal charge
Police don't get overtime to go to court. officers have pre-scheduled court days, regular pay... and it is strictly audited
The crown has the power to do this. I thought it would be a "down and dirty" way of dealing with the back log, and make some cash.
Everybody happy?
OH, and good luck arguing an 11B, Covid is beyond the control of Canadian courts
Dangerous is a criminal charge, impaired in a criminal charge
Police don't get overtime to go to court. officers have pre-scheduled court days, regular pay... and it is strictly audited
The crown has the power to do this. I thought it would be a "down and dirty" way of dealing with the back log, and make some cash.
Everybody happy?
OH, and good luck arguing an 11B, Covid is beyond the control of Canadian courts
Riceburner
Well-known member
From what I know, first attendance is via phone and a deal is presented. So for example, speeding gets dropped to fail to obey sign. Half the points and $$. Still a conviction though.
Riceburner
Well-known member
What's the recent experience? Officers show up to court or not? Take a deal at half $ and points or try trial and hope the officer doesn't show?
Recent as in during covid? Has an HTA infraction made it to court in the last year?
Dirty Frank
Well-known member
The auto insurance folks will be pulling out all the stops to be sure that all the scofflaws get their allegedly just deserts JS.
D
Deleted member 50930
Guest
COURT dude
They are so back-logged the savings from the conviction not showing up until 2023++++ is worth it .......
IMO one's rights should trump the complications and force majeure experienced by the crown. I think it will depend on the JP.
My concern, we continue to hear of people (not a huge number but enough) that lose their license because of unpaid fines from a conviction many years in the past. How many of these get "lost in the system" and seven years from now....
My concern, we continue to hear of people (not a huge number but enough) that lose their license because of unpaid fines from a conviction many years in the past. How many of these get "lost in the system" and seven years from now....
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