unwarranted Bill 203 charge - recourse

[TBSS_guy]

Has anyone looked into what the options are for those charged in a case where an officer was over-zealous, charged based on suspicion, just felt like impounding a vehicle for no reason, abused their authority/viotated the rights of the accused, etc? Or an instance where an officer has recklessly endangered the public and/or the accused speeder?

My understanding is that there are only 2 ways to file a complaint against an officer;
1) The Special Investigations Unit
2) OCCOPS (Civilian oversight board)

As the SIU won't investigate unless the police have killed someone, option 1 is unavailable.

My understanding of option 2 is that the oversight committee hands the complaints over to the police to investigate and that generally nothing ever happens about them.

Has anyone had any experience with the OCCOPS process? If so, did anything seem to come of it?

What other recouse is there? Is suing the officer directly a viable alternative? (Either to recover monies or to let the officer know that malicious prosecution isn't cool in some way that lets him feel the pain).

[Brian P]

Civil lawsuit against the police officer is possible if the underlying grounds were for "negligence" or "malicious prosecution". There was a recent court case (not related to Bill 203) in which a police officer was sued for negligence, and that is a precedent for the fundamental principle of this type of thing. The next challenge is to make that happen with respect to a Highway Traffic Act charge ...

I agree with your assessment of the SIU and the existing complaints procedure.

You SERIOUSLY need a lawyer - a real one, not a paralegal - if you want to go down this road. The stakes are high, and you'll have some significant up-front costs that are unrecoverable if your lawsuit fails. BUT ... At this point, a number of suitably large lawsuits for malicious prosecution, including ample numbers for punitive damages, are the only way I can see for the police to ever back down with the frivolous charges.

[johnp]

If you think you've got a story that reads well consider going public, like to the newspapers, with your story. IF your case gets in the papers it may hurt the bad guys more than a successful court case.

The most important thing in favour of this approach is that it doesn't cost you anything. I suspect the city of Toronto has deeper pockets than you do and often that has a lot to do with who wins a legal battle.

[Rob MacLennan]

If you think you've got a story that reads well consider going public, like to the newspapers, with your story. IF your case gets in the papers it may hurt the bad guys more than a successful court case.

The most important thing in favour of this approach is that it doesn't cost you anything. I suspect the city of Toronto has deeper pockets than you do and often that has a lot to do with who wins a legal battle.

They certainly do, but consider the cost. Because litigation is expensive many such cases are handled by an out of court monetary settlement, even if they have no real merit. Unfortunately such a settlement does little to get the message out because they frequently involve gag orders and specific denials of fault.

[TBSS_guy]

You SERIOUSLY need a lawyer - a real one, not a paralegal - if you want to go down this road. The stakes are high, and you'll have some significant up-front costs that are unrecoverable if your lawsuit fails. BUT ... At this point, a number of suitably large lawsuits for malicious prosecution, including ample numbers for punitive damages, are the only way I can see for the police to ever back down with the frivolous charges.

Have no fear, I have engaged a prominent criminal & civil rights firm and am receiving sound advice.

If you think you've got a story that reads well consider going public, like to the newspapers, with your story. IF your case gets in the papers it may hurt the bad guys more than a successful court case.

The most important thing in favour of this approach is that it doesn't cost you anything. I suspect the city of Toronto has deeper pockets than you do and often that has a lot to do with who wins a legal battle.

My story is literally the worst case scenario for how this law can go horribly wrong. Rest assured, barring them paying me a couple mil and giving me diplomatic plates for my bike, this story will come out in full...

[Fingolfin]

Have no fear, I have engaged a prominent criminal & civil rights firm and am receiving sound advice.



My story is literally the worst case scenario for how this law can go horribly wrong. Rest assured, barring them paying me a couple mil and giving me diplomatic plates for my bike, this story will come out in full...

tell us

[eastcoast_gsx]

tell us

At least keep us updated on the proceedings...

[TBSS_guy]

At least keep us updated on the proceedings...

Will do

[Brian P]

Actually, I'd suggest *not* telling much in public (aside from the status of the case, not related to the FACTS of the case) prior to the case being settled; going public could otherwise jeopardise your case. Try not to accept a "gag order". This travesty of justice needs to get out in public ... but not before the time is right.

good to hear you have legal representation, and good luck with it ...

[eastcoast_gsx]

Actually, I'd suggest *not* telling much in public (aside from the status of the case, not related to the FACTS of the case) prior to the case being settled;

This is what I was refering to. No details, but just the flow that the case is taking.

[Rob MacLennan]

Have no fear, I have engaged a prominent criminal & civil rights firm and am receiving sound advice.

My story is literally the worst case scenario for how this law can go horribly wrong. Rest assured, barring them paying me a couple mil and giving me diplomatic plates for my bike, this story will come out in full...

Good luck. Let's hope that justice is done.

I agree with Brian regarding not making the details public though, if you were already smart enough to obtain legal counsel, you're smart enough to not need that advice

[Metastable]

Good Luck!!!!

I had a cop lie on the disclosure form... it got tossed on an 11b anyways, but it sounds like your case is much worse. I wish you good luck and please let us know the outcome!!!

[82Seca750]

Good Luck!

please let us know how you progress

with regard to the specifics of your situation......I'm sure we all have a good idea what went on.......how many people wrote to their MP, MPP etc and told them this would happen?

it's all about "profiling"......it's all the evidence Fatino and his goons need

[TBSS_guy]

Good luck. Let's hope that justice is done.

I agree with Brian regarding not making the details public though, if you were already smart enough to obtain legal counsel, you're smart enough to not need that advice

It's been killing me not to tell you guys the story as I'd love to get your input on some of the decisions I'm making ...but as I don't want to jeopardize the case the story will only be posted in all it's glory just as soon as the matter has been resolved.

[j2]

Good Luck!
it's all about "profiling"......it's all the evidence Fatino and his goons need

Its all about profiling with Fantino.

When Fantino was top cop in Toronto I friend of mine was arrested as being part of the Malvern Crew. This is a decient 32 year old guy looking after 2 kids and his eldery mother. He is an IT manager at BOM and a born again Baptist.

As far as I can tell his only crimes were related to the area he lived in and the colour of his skin.

[eastcoast_gsx]

Here is some proof that these guys are not using this what it was intended for... its all about the transition zones...

http://forums.blueline.ca/viewtopic....=14259#p276186

[82Seca750]

Here is some proof that these guys are not using this what it was intended for... its all about the transition zones...

http://forums.blueline.ca/viewtopic....=14259#p276186

ain't that just grand......I love the comment from the guy.....I mean Officer.....who doesn't throw his cherries on when the driver is doing 45k over and waits until he gets to 50k over.......or was that "code" for rounding up?????

[Vlad]

Here is some proof that these guys are not using this what it was intended for... its all about the transition zones...

http://forums.blueline.ca/viewtopic....=14259#p276186

If the individuals posting there are a representative sample of our law enforcement officers than I understand why some people hate cops so much. Reading some borderline fascist comments there put a big dent in my respect for Canadian LEO. So much so that I had to log in and tell them myself. Not that I expect that will make anyone there a better person...

[Brian P]

... and then you got banned for it. ROFLMAO! That, in itself, speaks volumes.

[eastcoast_gsx]

... and then you got banned for it. ROFLMAO! That, in itself, speaks volumes.

???