So I was convicted recently of a red light violation without receiving proper notice of trial. I plan to reopen it for trial.
I emailed the Markham court house and asked them to reopen it. I get this email back from the court.
"To request a reopening you have to attend at the Toronto East Court, 1530 Markham Road, Scarborough, Mon. - Friday 8:30 a.m to 11:00 a.m. (except holidays)"
Wow I said, that's pretty tight, what about people who have full time jobs, how do they access justice?
"The time for reopening is 8:30 a.m. to 1:00 p.m.
However, because of the long lines at the general office to see a counter staff and then the long lines at the Justice of the Peace office. It is best to be in the office by 11:00 a.m. "
Ah so instead of 2 hours, we get 4.5, awesome.
I asked if there were other time slots because this clearly won't work for me. She told me there is no other time slot. Next I ask why this can't be taken care of through fax or mail. I'm handed off to a manager of some kind.
"I am sorry this is not easy for you. A request for a reopening does require an appearance before a Justice of the Peace at the court location where the trial was to have been held. The available hours are dictated by Justice of the Peace availability who are appointments by the Province and not the City.
Unfortunately at this time I have no option to offer you. We are hoping that with proposed changes in legislation this situation will be relaxed in the future, but currently we have to observe the current legislation."
So I kindly asked Terry to direct me to the specific law that stated I need to see a JP in person, and so I was sent this.
"It is covered in section 11.(1) of the Provincial Offences Act. It states:
"If a person who has been convicted without a hearing attends at the court office DURING REGULAR BUSINESS HOUR within 15 days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant, that through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered.""
Notice the reference to regular business hours. Since when is 8:30-1:00pm "regular business hours".
Also this law seems to give an option for remedy rather than specifically spelling out what has to be done. It certainly doesn't rule out interaction through mail or fax.
Thoughts?
I emailed the Markham court house and asked them to reopen it. I get this email back from the court.
"To request a reopening you have to attend at the Toronto East Court, 1530 Markham Road, Scarborough, Mon. - Friday 8:30 a.m to 11:00 a.m. (except holidays)"
Wow I said, that's pretty tight, what about people who have full time jobs, how do they access justice?
"The time for reopening is 8:30 a.m. to 1:00 p.m.
However, because of the long lines at the general office to see a counter staff and then the long lines at the Justice of the Peace office. It is best to be in the office by 11:00 a.m. "
Ah so instead of 2 hours, we get 4.5, awesome.
I asked if there were other time slots because this clearly won't work for me. She told me there is no other time slot. Next I ask why this can't be taken care of through fax or mail. I'm handed off to a manager of some kind.
"I am sorry this is not easy for you. A request for a reopening does require an appearance before a Justice of the Peace at the court location where the trial was to have been held. The available hours are dictated by Justice of the Peace availability who are appointments by the Province and not the City.
Unfortunately at this time I have no option to offer you. We are hoping that with proposed changes in legislation this situation will be relaxed in the future, but currently we have to observe the current legislation."
So I kindly asked Terry to direct me to the specific law that stated I need to see a JP in person, and so I was sent this.
"It is covered in section 11.(1) of the Provincial Offences Act. It states:
"If a person who has been convicted without a hearing attends at the court office DURING REGULAR BUSINESS HOUR within 15 days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant, that through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered.""
Notice the reference to regular business hours. Since when is 8:30-1:00pm "regular business hours".
Also this law seems to give an option for remedy rather than specifically spelling out what has to be done. It certainly doesn't rule out interaction through mail or fax.
Thoughts?
