OHTA.ca

I have thread or two on this forum that outlines my situation. Basically was convicted of HTA 154(1)(c) that even in their own words requires an official sign and that the sign be erected. The cop's testimony included no such references to any official signs/erected signs instead he mentions painted signs.

Well today finally I had my appealed heard (for literally under 1 minute) and the judge dismissed. This was my fourth court date on this appeal. First time judge loses control and precludes herself. Second time new judge, asks me to provide a letter to him and the prosecutor outlining my argument and adjourns. So I do so but provide it on the date of my third (2nd with the new judge) court date. He says that he asked for it in advance, says he has to review it and was about to put it down for a little bit until the prosecutor says he has another matter in another court room so the judge adjourns it again. Now today it was the fourth appearance and the judge dismissed my appeal in under a minute.

Basically he kept asking me why I didn't bring it up at the original trial. I explained to him that the judge wouldn't let me speak (clearly indicates in the transcript the judge cuts me off saying my CLA rep had to speak). So I explained to him that the CLA rep was hard of hearing (also in the transcripts) and was incompetent and didn't adequately represent me. He says I'm wasting the courts time, that the matter keeps being put over (where it was him/the other judge who precluded or the prosecutor who were asking to adjourn) keeps saying it should of been brought it up on that day of my trial, and dismisses my appeal.

My letter clearly outlined in detail. Pointed out the Lane Designation Sign regulations, pointed out the officer's testimony, etc.

Still made no difference.

Was completely railroaded.

So I was convicted of

154. (1) Where a highway has been divided into clearly marked lanes for traffic,

(c) any lane may be designated for slowly moving traffic, traffic moving in a particular direction or classes or types of vehicles and, despite section 141, where a lane is so designated and official signs indicating the designation are erected, every driver shall obey the instructions on the official signs.

when no such official/erected sign exists at that intersection and the officer's testimony states in plain english the lanes were divided by painted lane signs. And today a Ontario Court of Justice judge dismisses my appeal even after reading the letter where I outline the error of law to the court.

This is incredible. Do I have any legal avenues at this point?

And then they wonder why people go postal.

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Original thread(s) ... I know the one gentleman asked me to keep everything in one thread but this one I think deserves it's own thread... Just shows the corruption man. You only get justice in this country if your rich or have connections, the common man can forget it, the judge and the prosecutor are against you and they are in collusion and belong to the same bar association.

Well that is too bad.

Another great example of the Canadian Injustice System at work!

I swear the "judge" and traffic prosecutor were exchanging big old smiles beforehand like they knew it was time to shaft me. I feel everything was setup in advance. When I asked the prosecutor what his position was I got this vibe that the matter was already decided before it was even called up.

I have no allegiance whatsoever to this government, to their courts, to their representatives. far as I'm concerned they are illegitimate and I operate under duress for fear of violence and kidnapping. the queen can go shove it too.

One of the biggest problems with our Government, Judges and Police is that they have to take an oath to the Queen and a corporation called Canada, but not to the people.

So everything is not done in our favor. These people are supposed to be public servants, but don't confuse "public" with us people that live here!

jsherk wrote:One of the biggest problems with our Government, Judges and Police is that they have to take an oath to the Queen and a corporation called Canada, but not to the people.

So everything is not done in our favor. These people are supposed to be public servants, but don't confuse "public" with us people that live here!

lol public servants... if they were public servants they wouldn't be forcing people to stand in attention when they enter the court like they are some sort of God. the public servants have become the rulers. God created man, and man created government. all of a sudden the government thinks it's above man. people are so pacified, and from an early age indoctrinated into believing that the government is all powerful, all seeing. the entire thing reeks.

Back on topic lol ... I personally do not know what the next step is when an appeal is dismissed (if there even is one), but am interested in finding out, so hopefully somebody else has an idea.

few avenues I'm looking into.

-Send the judge himself a letter warning that I'm filing a complaint in regard to his conduct, and may pursue any possible civil litigation that may be appropriate.

-File a complaint to the Ontario Judicial Council

-And possibly re-appeal and have Supreme Court hear it (if they even listen to HTA matters). Of course would probably have to fork over more money to them for appeal transcripts (good ole' canadian "government" and their "justice" system).

The judges entire premise as to why my appeal was dismissed was bogus. Because I'm trying to present a totally different argument is what he said at one point. Well maybe that's because the CLA rep was incompetent and could barely hear. He should've been able to spot the error, and I trusted to him my defense to find out he overlooked something very basic. I bet even if it was brought up that would've given them an opportunity to amend the ticket... you can NEVER WIN against this illegal cabal. They might throw the odd bone in order to keep up the charade that their is something called "justice" in this country. They are undermining their own legitimacy and will one day no doubt pay the price when the people come looking for them.

Usually at an appeal, you cannot put new information in that was not entered at original trial. However if there is evidence that your rep was incompetent (not sure what a cla rep is) and/or that you tried to get information into the record that the JP would not accept, then it should at least be sent back to court for a re-trial with a new justice of the peace.

In my opinion, sending the Judge a letter directly will do absolutely nothing. Filing a complaint is a good idea (against both the JP and the Judge) although mostly futile, but might as well do it as you have nothing to lose.

I am not sure how that works, but I think if you are trying to re-appeal to a higher court you MUST have a lawyer and cannot self-represent which will cost $$$

Justice for all that can afford it!

check out how convenient this is.

You won't find this law in any statute passed by Parliament or any legislature. This is a law declared by judges themselves hundreds of years ago in England, where judges received the immunity held by the reigning monarch.

Historically, judicial immunity was associated with the English common law idea that "the King can do no wrong." (Compare Sovereign immunity.) Judges, the King's delegates for dispensing justice, accordingly "ought not to be drawn into question for any supposed corruption [for this tends] to the slander of the justice of the King."

wow and people think this country is democratic and free. we still have kings and queens in the 21st century overlording us with their corrupt representatives. the judge represents the queen, and the prosecutor represents the queen. and there's supposed to by justice? completely illegitimate occupying forces that hold us under 24/7 threat of violence and kidnapping.

To appeal from here you would have to bring your case to the Ontario Court of Appeal. In order to do that you would have to apply to the court for leave to appeal and convince an Appeals court judge that in the particular circumstances of the case it is essential in the public interest or for the due administration of justice that leave be granted. Only after having been granted leave to appeal would your case be heard. You are allowed to represent your self at the Court of Appeal, however the arguments can get quite technical at this level so most people choose to hire representation. Here is a link to the courts how to page, click the link for provincial offences appeals. http://www.ontariocourts.ca/coa/en/info/howto.htm

@daggx +1 Good information to know

daggx wrote:To appeal from here you would have to bring your case to the Ontario Court of Appeal. In order to do that you would have to apply to the court for leave to appeal and convince an Appeals court judge that in the particular circumstances of the case it is essential in the public interest or for the due administration of justice that leave be granted. Only after having been granted leave to appeal would your case be heard. You are allowed to represent your self at the Court of Appeal, however the arguments can get quite technical at this level so most people choose to hire representation. Here is a link to the courts how to page, click the link for provincial offences appeals. http://www.ontariocourts.ca/coa/en/info/howto.htm

technical? is this quantum mechanics we're talking about here or LAW, written in ENGLISH (a language that is well documented with definition in a text known as a dictionary) which is supposed to be ACCESSIBLE. it's amusing they cloud it up with "legalese" in order to obscure something that should be very simple. when will the people of this country realize that they're being shafted? the government is supposed to be for the people by the people.

I called the ontario court of "justice" and asked if I could just have a brief meeting with the judge before I file a complaint. She says in a disgusted voice "the judge doesn't meet with the public!" oh really... a public servant refuses to meet the body he serves, or alleges to serve.

anyway my next step is to acquire the transcripts (which surprise surprise is going to cost more money, of course "justice" cost money you know) and then move it to the ontario court of appeal. first I'm going to file a complaint and see what the outcome is there. they have no jurisdiction over the outcome of the matter but atleast in their report they can state that the judge did fail to apply justice properly and I can take that document with me to the ontario court of appeal.

of course I will have to clarify to this court that I don't speak legalese and request that they don't either.

oh and of course will have to travel 4 hours to obtain "justice."

what I should do is post up out front of the main entrance of the court with a sign stating that people are entering a kangaroo court.

I would file a complaint AND file the appeal asap. You only have a short window to file the appeal, something like 15 or 30 days so you should be doing that right away.

Even if you are successful with the complaint, it will have no bearing on the trial outcome though, so you MUST file the appeal now or you will not have a chance to deal with it otherwise.

jsherk wrote:I would file a complaint AND file the appeal asap. You only have a short window to file the appeal, something like 15 or 30 days so you should be doing that right away.

Even if you are successful with the complaint, it will have no bearing on the trial outcome though, so you MUST file the appeal now or you will not have a chance to deal with it otherwise.

it is 30 days. they didn't even know at the "ontario court of justice" what the chain is. she said she didn't know and can't give legal advice... lol I had to explain to her I'm not asking for any sort of legal advice. I'm asking about chain of custody in relation to HTA offenses.

so I spoke with the manager of the provincial offenses office. he says I should get legal representation because the matter could be resolved before the matter goes to the ontario court of appeal in toronto. I asked him to elaborate on what he meant and he wouldn't. regardless I see no need for a lawyer. this isn't rocket science we're talking about here or some complex legal case with multiple variables. I will however attempt to meet with the prosecutor again and see if I can get any sort of elaboration as to what the manager said. If not I tell him to pack his bags for a road trip up the 401, LOL. My sister lives up there so for me I can check out her new place.

anyway I'm not letting this one go. I know I'm in the right. Anyone who goes over the facts of the case would come to the conclusion I'm right. I can't wait to get the transcript from the appeal and post them here just to show how ridiculous it was.

I'm hoping the letter outlining my argument I submitted to the judge wasn't discarded, you know by "accident." I do have him on record confirming that he did read it. I made sure to get that in.

EDIT: btw in the above post when I quote that gentleman daggx I meant to see "ITS LAW" not "OR LAW." first line paragraph 1. can't edit posts on this forum after a certain timer expiry.

So I called the POA office today to make sure that the letter outlining my argument that I submitted to the ontario court of "justice" will be part of my file as it's moved to the ontario court of appeal and the POA court reporter (very helpful and polite lady) there told me that the letter was never accepted as evidence/exhibit. once the matter was dismissed at the ontario court of "justice" the file goes back to the POA office. they have it on file but apparently the "judge" never decided to accept it as evidence. I do have him on record confirming that he read it and he's also on record when he requested it. What a sneaky sob.