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Thread: Airport PCR test not lawful

  1. #11
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    Quote Originally Posted by trimmer21 View Post
    Most bylaw people aren't the sharpest knives in the drawer and routinely exercise authority they don't have. They need to be stepped on,hard,if they screw up.
    In this day and age ..leaving laws up to the 'discretion' of the enforcement officer is an open invitation to fight it.

    "Yes Judge...I like to challenge this ticket for sitting on the bench during the pandemic. I believe the officer didn't charge the people next to us because they were old and just resting but he charged us and I needed to rest due to a bad back. I have a video.".

    Judge: "Can the Officer who wrote this ticket please come forward and explain why you ticketed this couple and not the other couple "

    It was actually posted by Lawyers in Ottawa that they were going to do pro-bono work for any tickets issued in Ottawa that were in violation to Pandemic Rules.
    Last edited by MikePal; February 12th, 2021 at 01:23 PM.

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  3. #12
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    Quote Originally Posted by fishermccann View Post
    Sorry but I fail to see why by-law officers, would have some explaining to do. If they are lawful tickets, as per policy , what happens in court, is of no concern to them.
    My take on this is, the bylaw officer (any LEO?) should know the law they are enforcing? They should know the difference between law and policy? If they are ignorant of the law and use policy to erroneously enforce something they think is law, they should have lots to explain.

  4. #13
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    Quote Originally Posted by MikePal View Post
    In this day and age ..leaving laws up to the 'discretion' of the enforcement officer is an open invitation to fight it.

    "Yes Judge...I like to challenge this ticket for sitting on the bench during the pandemic. I believe the officer didn't charge the people next to us because they were old and just resting but he charged us and I needed to rest due to a bad back. I have a video.".

    Judge: "Can the Officer who wrote this ticket please come forward and explain why you ticketed this couple and not the other couple "

    It was actually posted by Lawyers in Ottawa that they were going to do pro-bono work for any tickets issued in Ottawa that were in violation to Pandemic Rules.
    It’s not the law that is discretionary.... it’s the enforcement of that law that is....discretion will never be removed from a LEO, for obvious reasons....
    “If you’re not a Liberal by twenty, you have no heart. If you’re not a Conservative by forty, you have no brain.”
    -Winston Churchill

  5. #14
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    Quote Originally Posted by fishermccann View Post
    Correct, it does not. But if they have followed that policy, why would they have to explain their actions? Courts decide the legitimacy of charges, not officers.
    I'd love to get back the 3 days I lost from work having to fight a stupid ticket that was thrown out eventually in court.
    Let the courts decide that! Too many people on power trips not even understanding the laws they are enforcing ... and so, no, it's not okay to leave everything to the courts ... it's wrong, and it needs to stop.

  6. #15
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    Quote Originally Posted by MarkB View Post
    I'd love to get back the 3 days I lost from work having to fight a stupid ticket that was thrown out eventually in court.
    Let the courts decide that! Too many people on power trips not even understanding the laws they are enforcing ... and so, no, it's not okay to leave everything to the courts ... it's wrong, and it needs to stop.
    Mark you need to move to critical mass for anything to happen. In other word's everybody that get's issued an unfair ticket takes it to Court and clogs the system to a dead stop. Right now the public actually "accommodate" the Court system. They have traffic ticket agents who handle multi charge plea deals, or agents for car rentals agencies who do the same. Officers will very often lay 3 or 4 mickey mouse charges
    which if a citizen challenged and had a trial on each could take up half a morning of court time.IMHO

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