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gtam lawyers chime in.

I grew up in rexdale, worked down town Hamilton near furgoson St, and know all types of salesmen , And there customers.

On a daily basis I used to toss crack heads out of our storage bins, watched the cracked out hookers get railed over the back of smashed cars and do blow off them, kick them out of our store when they walk in, seen them fight with machetis in front of the store, been robbed by them near lansdown, so I have a good idea about how to tell. Any better questions?
 
did the divertion today, in the end will cost $100 donation and a letter of how I could avoid the situation if it happens again.
what a joke, charge will be withdrawn
 
I would just go to the gas station talk to them and just throw them some money, all and all you could have just walked away or stayed silent. Business owners are always trying to make money and as much as it sucks they probably just wanted to have someone cover the damages/reponsibility.

Walking away is always the soft thing to do but most time it's for the better, I would just go back there and speak with them and offer to cover any damages maybe they might just change their mind after time has gone by.

Then again I aint no lawyer...
 
tried, no go.
again, it wasnt the store owners. It was the police. google orangevile police and see what you find. the towns people have even pushed to have them all removed and asked for the opp to take over.
 
Seems like not a bad outcome for you. You may have been able to cause enough question as to whether you caused the disturbance or were caught up in it by the other guy's actions to prevent the Crown from proving their case. But you would have been wise to have a lawyer to do that.

You can't walk down the street without someone being able to say you are breaking a law. Proving it in court in front of a semi-reasonable judge is another matter. With the charge they used against you, they would have to prove that YOU caused the disturbance. Being assaulted and defending yourself is NOT causing a disturbance. And you can defend yourself using the force you deem necessary to do so. Unfortunately the Crown doesn't seem to have read those parts of the Criminal Code in Ontario and seem to charge people even when they were legally defending themselves.

Bottom line, I think you got out of this okay.
 
zeniceguy said:
did the divertion today, in the end will cost $100 donation and a letter of how I could avoid the situation if it happens again.
what a joke, charge will be withdrawn
Click to expand...

That's a very good outcome for you. Next time, keep the welfare comments to yourself. The guy may have been an ******* but you clearly provoked him to crossing the line. If you kept quiet he would have just kept rambling on.

You lucked out on this one.
 
zeniceguy said:
I grew up in rexdale, worked down town Hamilton near furgoson St, and know all types of salesmen , And there customers.

On a daily basis I used to toss crack heads out of our storage bins, watched the cracked out hookers get railed over the back of smashed cars and do blow off them, kick them out of our store when they walk in, seen them fight with machetis in front of the store, been robbed by them near lansdown, so I have a good idea about how to tell. Any better questions?
Click to expand...
My question is no different than one that would come up in a court-of-law... and it is a good question. Too many people make assessments for which they are unqualified. I just wanted to make sure that wasn't the case.
 
All these posts and no one has made a comment about OP's user name yet?

I know a few people who have taken divertions. You got off easy.

Stick with your user name and all will be good.

Congrats.
 
Im not happy with all that happened, Im a grown man
If didnt comment it MAY of not went so far, I agree with that.
if someone swings at me again I will still do the same thing.

Where this all went wrong is this.
On the night this all happened the police asked me "do you want to press charges". If I had of done that It would not of come to this for me. I would of been free and clear. only because I tried to give the guy a break by not pressing charges I am left in this situation.

So if by chance anyone on here has to defend themselves, If the police ask if you want to press charges say yes.

the divertion was the way to go because its gonn cost $100 or so, thats less then a consultation from a lawyer, the charge gets withdrawn so there is no prosecution.

unless this happens to you a lot, you MAY only get one depending on circumstances

Im not blaming this on drugs. used to love them my self, but always in controle and composed.
Im talking of the spaced out dumb heads. you can burn some weed or party a bit harder and still be in controle and have a normal life. walking around and acting like this just isnt cool. Also found out social services was sent to the guys house and the kids walking around the gas station freely was only 2 years old.
 
There is no such thing here as a victim pressing charges or not. The police decide. Just as the store owner wasn't able to not press charges
 
kellen said:
There is no such thing here as a victim pressing charges or not. The police decide. Just as the store owner wasn't able to not press charges
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Well there is something called "swearing an information", aka "Public Prosecution", that a private citizen can do under Section 504 of the Criminal Code. It's what Gary McHale did to Fantino, over the Caledonia dispute. The Crown then has the option of taking over the prosecution though, as they did int he Fantino case, and then dropping it. Other than that, charges are pursued under the auspices of The Crown and not by private citizens (as you have already stated).

504. Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged

  • (a) that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person
    within the territorial jurisdiction of the justice;
    • (i) is or is believed to be, or
    • (ii) resides or is believed to reside,
  • (b) that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice;
  • (c) that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or
  • (d) that the person has in his possession stolen property within the territorial jurisdiction of the justice.

More information here: http://www.attorneygeneral.jus.gov.on.ca/english/private_prosecution.asp
 
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zeniceguy said:
Where this all went wrong is this.
Click to expand...

I have to disagree with you here. It went wrong a little before this.

When I was younger, (not that long ago), I was in similar situations more than once. Laid a few guys out in my defence, and was lucky enough to always end up on the right side of the law. But now I know better.

I think what you should have done, once you finished pumping your gas, is get in your car and wait until he was finished and had driven away. Its easy to say - I may have done exactly what you did. The only difference is I wouldn't have left - I would have waited for the cops. They would have found you anyway, so why live with the stress of knowing they'd show up at some point?

I have a new mantra I say to myself in these situations: Think about this - these things never ends well.

I honestly believe riding has made me a little more patient. Like those situation where the right of way is legally yours, but the idiot in the cage can go first. Because I'd rather have him/her in front of me than behind me.

I really hope this ends well for you. And good for you for at least giving the crackhead something to think about. It'll be him considering how things end before he opens his mouth.
 
I was asked by the police if I want to press charges against him, I chose not to.
video and clerks statement both say he wong at me.

I wont live a life of being afraid of stupid peole, but if I new the cops where called I would of waited.
 
Seven said:
I have to disagree with you here. It went wrong a little before this.

When I was younger, (not that long ago), I was in similar situations more than once. Laid a few guys out in my defence, and was lucky enough to always end up on the right side of the law. But now I know better.

I think what you should have done, once you finished pumping your gas, is get in your car and wait until he was finished and had driven away. Its easy to say - I may have done exactly what you did. The only difference is I wouldn't have left - I would have waited for the cops. They would have found you anyway, so why live with the stress of knowing they'd show up at some point?

I have a new mantra I say to myself in these situations: Think about this - these things never ends well.

I honestly believe riding has made me a little more patient. Like those situation where the right of way is legally yours, but the idiot in the cage can go first. Because I'd rather have him/her in front of me than behind me.

I really hope this ends well for you. And good for you for at least giving the crackhead something to think about. It'll be him considering how things end before he opens his mouth.
Click to expand...

And you were luckier than a guy I worked with some time ago. A simple bar room punch and the other guy fell to the floor, cracking his skull and dying. The "Winner" was convicted of manslaughter and spent some time at Maplehurst.
 
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