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Toronto parking tickets - Your day in court |
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Your day in court
Participants at a trial
Defendant
For a parking infraction, the defendant is always the person or company name given to the Ministry of Transportation as being the registered owner of the vehicle plate.
Agent
An agent is a person representing another person or company. This person may also be the principal defence witness, the driver, and/or a person acting in an advisory capacity as a paralegal. The prosecutor is an agent of the city.
Witness
A witness is a person with knowledge relating to the particulars of the infraction (i.e. the driver of the vehicle and occupants may be defence witnesses; the officer issuing the parking infraction is the principal witness of the prosecution). Only a statement made under oath can be considered as evidence. Both the defence and the prosecution have the right to question witnesses.
Court clerk
The clerk is responsible for ensuring all required documentation is before the court, announcing the opening of a session and escorting the justice into the courtroom. The clerk is responsible for recording the proceedings of the trial, maintaining order in the court and assisting the justice, by ensuring all records are accurate and complete and performing other duties that may be required. The clerk will also administer an oath to persons called and witnesses and provide instructions to ensure a smooth flow in the process.
Prosecutor
The prosecutor is the representative of the City of Toronto, and will attempt to present evidence to prove that the infraction occurred.
Officer
The provincial offences officer appearing in court is the officer who issued the parking infraction notice, and is the prime witness for the prosecution. The officer will give his or her testimony under oath. You have the right to ask this witness any questions you feel relevant for clarification or to bring out other evidence you feel necessary.
Justice of the peace
The justice of the peace is an independent arbitrator/judicial officer, who presides over the trial, listens to and weighs the evidence given under oath to determine guilt or innocence. Should there be a finding of guilt and a conviction registered, the justice will then determine a fair and just penalty. The term used to address a justice of the peace is 'Your Worship'.
Before the court starts
Arrive at least 15 minutes before the starting time, with your Notice(s) of Trial. This will give you time to locate the hearing room specified on the Notice of Trial and to verify that the name of the defendant appears on the list posted outside the courtroom door. Below is a brief description of what may occur in court on your appearance date.
The prosecutor scheduled for your trial should be in the courtroom about 15 minutes before the starting time, at the front of the room. Announce your arrival to the prosecutor, and inform him/her if you are: seeking an adjournment, pleading guilty or pleading not guilty to the infraction.
Call to order
At the time noted for the session to start, the court clerk will call the court to order, asking all participants to rise as the justice of the peace is escorted into the room. Once the justice has been seated, the clerk will start recording the proceedings.
Recording the proceedings
All court proceedings are electronically recorded and the tapes are used to prepare typed transcripts which may be used for appeal or other purposes, or to listen to confirm information. As the equipment is sensitive, it is important that people attending in the courtroom refrain from talking or causing noise which may not only be distracting, but also interfere with the quality of the recording.
Prosecutor calls the order of hearing
Once the court has started, the prosecutor will call the cases usually in the order of people seeking adjournments and motions first, pleading guilty next and then those pleading not guilty. When you hear the defendant's name being called, walk up to the front of the court to the place indicated by the prosecutor or clerk.
Adjournments and motions
The justice of the peace will hear your request for a change of date, and determine if your request can or should be accommodated. The justice may deny your request, whereby the original trial date stands or the justice may adjourn your case to a new date and time. If the case is adjourned, the clerk in the court should provide you with a reminder slip indicating the new appearance date and time set for your trial.
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