| PROVINCIAL OFFENCES APPEALS COURT - O.C.J. |
| THERE ARE LIMITATION PERIODS TO FILE YOUR APPEAL |
MANDATORY FILING REQUIREMENTSThe Law provides that you may appeal the Traffic Ticket (Certificate of Offence) conviction under Part I of the Provincial Offences Act, within fifteen days of the date of your conviction. Should the last day to file fall on a Saturday or a holiday, the day next following that is not a Saturday or holiday shall be deemed to be the last day. The same rule applies for an appeal resulting from the prosecution of a traffic summons under Part III of the Provincial Offences Act. The time limitation period for a traffic summons conviction is 30 days.
The law requires that you complete and file an Appeal using the forms and formats provided for under the Courts of Justice Act. The forms are available at the Court Appeals Office. You must include your personal information and case identification data such as court file numbers and statute under appeal. The clerk can provide you with a sample guide to follow. The clerk is not permitted by law to provide you with legal advice and you are required to state your grounds of appeal.
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TRAFFIC TICKET AND TRAFFIC SUMMONS CONVICTIONS
CAN BE APPEALED TO THE PROVINCIAL OFFENCES APPEALS COURT
Traffic Tickets, Parking Tickets and Traffic Summons that result in a conviction can be appealed to the Ontario Court of Justice, Provincial Offences Appeals Court. This Court is provided over by a Provincial Court Judge and is a Court that can:
(1) set aside the finding of the ground that it is unreasonable or cannot be supported by the evidence
(2) the judgment be set aside on the ground of a wrong decision or a miscarriage of justice
(3) direct a finding of acquittal be entered
(4) order a new trial
(5) vary the sentence within the limits prescribed by law
(6) Stay a conviction
(7) receive the evidence of any witness whether or not the witness gave evidence at trial
(8) require the justice at trial to report in writing on any matter specified in the request
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THE FINES MUST BE PAID IN FULL
The law requires that the fines and victim surcharges be paid in full within the appeal limitation periods. The fact that the court that convicted you gave you a longer period of time to pay the time will not exclude you from the legal requirement to pay the total amount within the 15 or 30 day period prescribed by the Courts of Justice Act.
TRANSCRIPTS OF THE TRIAL PROCEEDINGS
MUST BE ORDERED AND PAID BY THE APPLICANT
You must order as part of the application to file the appeal, a “Request for Trial Transcripts”. In most court locations, a deposit is required and the balance is due near the completion of the transcripts of the trial. Failure to pay this commitment will result in your appeal being denied (dismissed) by the Court and civil enforcement of the balance could follow. When completed, the trial transcripts will be produced in triplicate. One copy must be supplied to the Court, one copy is supplied to the prosecution and the third is retained by the appellant or the appellant’s legal representative. The transcripts will contain the typed record of the audio recording of the appellant’s trial and can be viewed by the presiding trial Justice of the Peace prior to being certified by a Court Clerk. The transcripts are a crucial component of the appellant’s appeal process. Failure to provide the appellant with transcripts could result in the appellant bringing a motion to stay the conviction.
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| IF YOU CAN NOT PAY THE FINES |
The law provides that a Provincial Court Judge has the authority to waive the requirement to compel the appellant to pay the full amounts. The appellant must appear before the Judge who will order the appellant bound into a recognizance without sureties in such an amount as the Judge directs. The appellant must proceed with the filing of the appeal and must appear at the appeal hearing. Failure to comply will result in the appeal being denied (dismissed). The full fine amounts plus the amounts directed by the Judge in the recognizance are payable to the Court by the appellant.
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| DID YOU MISS THE LEGAL TIME TO FILE YOUR APPEAL ? |
| Should you fall in the peril of not having been able or aware of the appeal deadlines you may apply to the Appeal Court by Way of Motion to have an Order to extend the time for you to file the appeal. It is recommended that you file the Motion as soon as practicable after the conviction date or you become aware of that right. The Court on that hearing date will expect an explanation for the time delay and the grounds of the appeal. It is advisable to seek out independent legal consultation with an experienced paralegal or lawyer licensed by the Law Society of Upper Canada should your matters be complex or involving serious consequences.
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