Q&A - Raising a Charter Issue in Traffic Court

Q&A ImageI have done fairly extensive on-line research on disputing tickets and, in particular, requesting a stay based on the Charter argument related to delay (seeing as we are in the 18 month range from date of offense to first appearance) and I have found a lot of interesting material related to how to do this (Charter argument) in other jurisdictions (like Ontario), such as the kinds of forms you need to file, the style of cause etc ... and such ... but I can find very little about this related to traffic disputes for BC, other than the references you provide on your DriveSmart BC forum for cases where such arguments were successfully made (BTW ... thank you for that ... it has been very helpful).  But that does not really help us newbies in trying to navigate the process from the beginning.

The Ministry of Justice website does not even refer to the right of citizens to file a Charter argument in Traffic Court (or any other jurisdiction for that matter) and makes no mention of the law or kinds of forms that need to be filed.  Also, there is nothing on their site related to requesting disclosure.  No mention of it, no references to forms and no mention of who you need to send such requests too.

It is like the BC government does not want citizens to know their legal rights in such matters.

Anyway ... I have gleaned from your site that disclosure requests in BC need to be sent directly to the officer involved and I have taken that step.  Thank you for that.

And while I acknowledge your advice about consulting a lawyer on the Constitutional matter, I will try to exhaust other remedies before I turn to that (I am just as capable of filling out a form as a para-legal and it would cost me a lot less to do so).  I see that most of the people that availed themselves of this remedy did so through self-representation, so it should be a relatively simple process.

That being said, one would think that the government would make information on such Charter challenges freely available, especially information on the kinds and style of form one needs to fill out and where to send it. They offer this service for all other civil (including family) and criminal matters.

Anyway, any further info you may find would be much appreciated.

Comments

Answer

Here is what I was able to learn by asking the Ministry of Justice for advice:

We do not have a guide with respect to the information you are seeking; however, we can provide you with the following general information.

If your violation ticket hearing is currently scheduled to go before a Judicial Justice of the Peace, you will have the opportunity to dispute the allegation.  However, because of Section 2.1 of the Provincial Court Act, a Judicial Justice of the Peace does not have jurisdiction to hear a Charter argument.  Any such argument needs instead to be made in court before a Provincial Court Judge.

If you wish to pursue a Charter argument, you need to make the required application related to the Charter, by attending the court registry where your hearing will take place.  There you can make arrangements for this matter to be scheduled before a Provincial Court Judge.  Upon receiving your application, a date to present your case and Charter argument will be set by the Judicial Case Manager responsible for scheduling for that location.

If you have a scheduled hearing date before a Judicial Justice of the Peace regarding your violation ticket allegation, it will remain as scheduled unless and until you have arranged a hearing date before a Provincial Court Judge.

You may wish to consult section 8 of the Constitutional Question Act which establishes certain requirements of a person who seeks to make a Charter argument in a Court proceeding.  If you require further procedural information in this regard you may wish to contact the Court Registry.  Please note that court registry staff can give you general court procedural information; however, they cannot give you legal advice.

Hopefully this is of some assistance.

The Law Society isn't there to help you....

"It is like the BC government does not want citizens to know their legal rights in such matters."

Ever wonder why you can go through 12 years of public school and never have one day of learning you your rights? Doesn't that seem weird in a society that promotes "democracy" and the "rule of Law"? But how can you have the rule of law when no one knows their rights - and subsequently their duties as well? That's the point - you can't. And that's why the governments in the west are slowing slipping the nuse around our necks - especially since the 9/11 deception.

Our inalienable rights don't come from Government, the Charter of Rights and Freedoms is a reflection of what already existed prior to 1982 - see section 26. Also see the Canadian Bill of Rights 1960. It's not the duty of the State to teach individuals their rights - that would be detrimental to the control and manipulation of society that is maintained by the elite banking and political psychopaths that promote fear and constant war, while keeping you busy working and listening to State propaganda on the radio how increasing BC Hydro rates and building the pipe line are GOOD FOR US, FOR FREEDOM AND THE ENVIRONMENT.(sic)

The inalienable rights of Canadians were carried over via the BNA Act and we can find our Constitutional rights through the documents that created Canada - such as the English Bill of Rights, the Act of Settlement, the Magna Carta, the Assize of Arms, etc. 

Good luck getting any help from the Law Society or the Minister of Justice for that matter. These are quasi-private "clubs" for elite society (free masons) who feel the need to control society via deception and extortion. Join the millions of Canadians and other citizens around the world who call this BS as it is - de facto tyrany. 

Being that we live in a "democracy" I thought we are to vote for what we wanted? I don't ever recall voting for the Candian Rights and Freedoms Charter. And don't corporations have "Charters" while natural humans have declarations and constitutions?

I recommend reading David-Kevin Lindsay's book - "Right's Denied", to learn more about your rights and how the government has slowly pulled the wool over everyone's eyes - to the point that we think our inalienable RIGHT to travel is somehow a "priviledge" granted to us by the State in which we need to pay money to enjoy.

Try contacting David-Kevin Lindsay at clear@clearfreedom.org if you want more help with your constitutional challenge. He's done that a lot and is one of the most knowledgable individuals (outside of the Law Society) in Canada that is actively protecting the foundational principles of our system.

Meanwhile the uniforms of Police are getting blacker, the militarization of the Police is getting stronger and most don't seem to mind that justice isn't being served. That's changing - bigtime!

 

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