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Wednesday 19 December 2012

By-Law tickets treated as criminal offences in New Brunswick

I am shocked to find in the Fredericton Provincial Courts that by-law infractions are being treated as criminal offenses.  Instead of the procedure for bringing an unpaid ticket to the courts I have repeatedly seen that the procedure for a criminal offense is used instead.

So what? You might say.  Well, the big difference is, if you are dragged into court for a by-law ticket by way of an Information (Form 1 under the Provincial Offenses Procedures Act) then you can go to jail for non-payment of 25 cents for a parking ticket.

By-Law infractions are NOT criminal offenses.  If you are issued a ticket by the police or City and do not pay it check out how they begin court process.  Under the Provincial Offenses Procedures Act Ticket procedure is laid out from section 9 - 16.   A Form 1 Information is only for non-ticket infractions and the correct way to bring someone to court for a ticket offense is by a Notice of Prosecution.

I have witnessed the City By-Law enforcement officers hand the Provincial Court Judge a pile of Form 1 Informations and swear to their validity, so the really disturbing aspect of this is that the judges in Fredericton, NB, are knowingly accepting the wrong paperwork for by-law ticket infractions.

This is stealth taxation by the City of Fredericton with the help of the courts.

No-one should be going to jail for a by-law infraction.

15 comments:

  1. All right then Sally these are interesting ideas or if they are facts what can we do about it???

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  2. Challenge the City Solicitor - who will probably not reply - and challenge the judge at your hearing. Complain to the mayor and ask the Gleaner to cover the hearing (they probably won't but if enough people ask they might change their attitude...) and use blog sites to publicise your ill treatment by the City and Court. Justicde done dirt cheap and Charles LeBlanc's blogs are good venues. The more people who complain the more likely we can change thingws for the better.

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  3. Well Sally I must admit that your research has me excited.

    Over the years I have unwittingly supported THE CITY OF FREDERICTON by outright paying the tickets which the Fredericton Police Farce revenue collectors have given to me.

    Question Sally does this discovery of yours regarding improper process grant me entitlement to a refund of past paid revenue by-law tickets ?

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  4. Skateboard guy

    Sally is it true that I might be able to get back the money my father has paid for me because of skateboarding around Fredericton ?

    I think in the last two years that would be around 150 dollars

    Wow can't wait to hear how to do this.!!!!

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  5. I don't think refunds are possible if you committed the infraction. The point I am making is not about that, it is about facing jail time for unpaid tickets.

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  6. stu student of law21 December 2012 at 05:36

    This is stealth taxation by the City of Fredericton with the help of the courts.

    No-one should be going to jail for a by-law infraction.

    STEALTH taxation combined with threat of jail sounds like coercion to me Sally.

    I think the kid (skateboard guy)has got it correct, especially as you say Sally, all the paper work is bogus or a fraud, therefore we deserve our money back which was extorted at threat of jail time.

    This deserves a class action law suit of all past victims of corporation THE CITY OF FREDERICTON.

    I try to imagine the 100 hundreds of fines each day being run through the Provincial Court each day. Sally what would that could the total revenue amount must be fantastic.

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  7. pissed off and fed up21 December 2012 at 12:00

    Brad Woodside that deceptive back stabbing two face bastard and the rest of these authoritative 'want a be' Mussolini fascists - pricks that are members of FREDERICTON POLICE FORCE I hope your xmas is as miserable as our lives have become since we met you.

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  8. What a scam, the Province with Police and Court cooperation are defrauding people of money under threat of violence and loss of freedom. I have had it with the continued corruption. Thank you for posting this information Sally.

    Now that we know, what can we do about it?

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  9. stu student of law25 December 2012 at 20:27

    Sally Brooks of Fredericton, New Brunswick, Canada, will be celebrating New Years Eve, with other FREDERICTON POLICE FORCE collaborators such as Police informant Evelyn Greene and Charles Leblanc, the good buddy of burn out - drug addict City Mayor Brad Woodside.

    As for Andre Murray who works his ass off studying law as Self Represented Litigant will never succeed in obtaining Justice before the Christmas Holidays and will not succeed in Court of Queen's Bench, Fredericton, Trial Division, after the New Year 2013.

    Madame Justice Judy Clendening is automatically assigned to preside over each of every Court Hearing concerning Abdre Murray. It is Judy Clendening's job to deny Andre Murray any opportunity to sue THE CITY OF FREDERICTON.

    OH FOOLISH MAN... WHAT CAN YOU NOT BE MADE TO BELIEVE.

    Andre Murray you waste your life with these pursuits of justice in Fredericton as the sheeple will not support your cause despite the fact it is every conscious man and woman's cause. The cause is freedom from oppression.

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  10. one year in Fredericton26 December 2012 at 06:22

    I am suspicious of Charles Leblanc's Other Blog for many reasons.

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  11. stu student of law - you don't know what you are talking about.

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  12. I agree with you Sally this does appear to be somekind of strange as you called it in your post:"This is stealth taxation by the City of Fredericton with the help of the courts".

    My son will continue this summer to receive tickets for skate boarding 'without a helmet' and on sidewalks and on and on ... all the tickets threaten jail time if not paid.

    Now Sally I need more information how to fight these as you called it "stealth taxation" but how can we hope to succeed if as you say Sally that the
    police hand out and enforce the threats "with the help of the courts."?


    Sleath

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  13. Too many of these comments seem to be written by the same person under differnt names - probably the host. Pathetic.

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  14. Regardless of all the back & forth banter please tell me Sally what do you mean in this your article about City and Courts working together?

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  15. By-law tickets in Fredericton, New Brunswick17 January 2013 at 11:58

    Mrs.Sally Brooks I will resist this tax thing you are talking about if only you will explain how all these things you said matter?

    "I am shocked to find in the Fredericton Provincial Courts that by-law infractions are being treated as criminal offenses.

    By-Law infractions are NOT criminal offenses. If you are issued a ticket by the police or City and do not pay it check out how they begin court process. Under the Provincial Offenses Procedures Act Ticket procedure is laid out from section 9 - 16. A Form 1 Information is only for non-ticket infractions and the correct way to bring someone to court for a ticket offense is by a Notice of Prosecution."

    Mrs.Sally Brooks Please explain how to resist this tax grab

    ReplyDelete