Where is the bill 203 class action lawsuit?

**cbranje** · 11-09-2007, 11:42 PM

You know with the 1000 or so people who had their charter rights violated since bill 203 was passed I'm surprised theres been no mention of a class action lawsuit against the province (or the cops, I'm not exactly sure who'd you'd sue).

I think a good trillion dollar lawsuit might make the province think twice before passing a law that so blatantly violates the rights guaranteed to us by the charter of rights (specially the part about innocent until proven guilty).

**Brian P** · 11-10-2007, 12:56 AM

I am rather sure that every person who has been charged, is going to be hiring legal representation. It's up to the lawyers involved to do anything about it beyond that point. It remains to be seen if lawyers from different legal firms will co-operate with each other.

I would not get too anxious about seeing a quick resolution. The legal system operates very slowly. The first step is to see how many of these charges actually stand up in court, and that picture might not start appearing for a year or so. Probably only those found completely not guilty due to lack of evidence will have grounds for a charter challenge or a lawsuit against the police. It's up to the lawyers to find a way to get it challenged.

Only way it might happen faster is if the police nab the WRONG person, i.e. a lawyer. Sooner or later, it's going to happen, and for all we know, it might have happened already.

There is also a fair chance that the first cases which go to trial are represented by lawyers who weren't expensive enough, and F up the case, setting a precedent that later cases would have a much harder time reversing. If you want to challenge something like this, you need to hire a GOOD lawyer, not necessarily a cheap one. Where's the money to fund this. I figure the 1 week seizure has been calculated to be enough to be a dent in the wallet and a big nuisance, but cheaper than lawyer's fees, discouraging people from suing to recover damages.

**Rob MacLennan** · 11-10-2007, 07:45 AM

It won't happen until people have been tried and found not guilty.

Jeff_89 · 11-11-2007, 12:10 AM

The legal system is already slow, 1300+ drivers already arnt to going to help it. They most likely havent been to court yet.

This is a bit off topic but about the courts being tired up. They decriminalised pot for under 3g or 5g (im not sure) so with this many drivers caught + going to caught wont the courts have to do something about this problem. I bet that mose poeple will fight the charge or atleast try since no one wants to pay $10,000. I guess all we can do is wait and see or do a charter challenge if we get stopped.

MG · 11-11-2007, 10:14 PM

all it will take is for the PO-lice to pull over 1 wrong guy who has the money, and the power to take this new law, and make it disappear... personally, i cant wait for it to happen

**FearNoSpeed** · 11-11-2007, 11:53 PM

I know people that are charged & their court dates arn't till late Dec.......
I don't think TO area court dates will be much sooner either......
Time will tell & this one...

**Rob MacLennan** · 11-14-2007, 08:12 AM

Originally Posted by FearNoSpeed

I know people that are charged & their court dates arn't till late Dec.......
I don't think TO area court dates will be much sooner either......
Time will tell & this one...

Quite frankly, I'm surprised that they are coming up that quickly, given the delays for simple moving violations. They must want to avoid 11b filings on them.

**Angus Argyle** · 11-14-2007, 08:30 AM

Originally Posted by Jeff_89

The legal system is already slow, 1300+ drivers already arnt to going to help it. They most likely havent been to court yet.

This is a bit off topic but about the courts being tired up. They decriminalised pot for under 3g or 5g (im not sure) so with this many drivers caught + going to caught wont the courts have to do something about this problem. I bet that mose poeple will fight the charge or atleast try since no one wants to pay $10,000. I guess all we can do is wait and see or do a charter challenge if we get stopped.

I don't think the pot decriminalization went through. You can be charged for any amount. The Liberals didn't follow through and the Conservatives definitely didn't do anything (I believe).....

Angus...

**Rob MacLennan** · 11-14-2007, 08:44 AM

Originally Posted by Angus Argyle

I don't think the pot decriminalization went through. You can be charged for any amount. The Liberals didn't follow through and the Conservatives definitely didn't do anything (I believe).....

Angus...

Police simply weren't charging for small amounts as the bill was working its way through Parliament. It died.