I spoke with someone who went to a motel for a rendezvous. When they left they were pulled over by the police. They were questioned on what they were doing and admitted visiting someone but not to prostitution. The police issued them a $215 fine for public nuisance. It is a sketch bag motel and the officer said it's ònly drugs and prostitution that goes on there. They were told because of the pandemic they could issue a larger fine but reduced it. There was no proof of any criminal activity or admission of guilt other than saying they visited someone. Is this worth fighting or is it some catch all ticket that the police can issue?
Public nuisance ticket
- Thread starter countrylover
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I can't see this standing up in court. First of all the provincial emergencey bill states no gatherings of more than 5 people so unless you were having a 6 person gangbang that rule would not apply. Plus they would have to have proof that social distancing was violated since it was inside a motel room that would be unlikely.
You should kick your friend, who is hanging out in sleaze bag motels, in the nuts. And tell him to smarten the fuck up. Because he is more than a public nuisance. He’s a public health risk. Bastard. And you are actively enabling him.
That sounds very suspicious.The ticket also has the wrong year on it. The officer put down 2012. Would that matter?
It is too obvious an error.
I mean, it is May, and last week I still accidentally wrote 2019.
But to mistake 2012 for 2020, either the cop was a complete moron, or intentionally voided the ticket.
Tell him to book the ticket for court and then request disclosure from the prosecution. Once he has disclosure he can see what the officer wrote in his notes regarding the situation and that will determine how best to proceed in court. Also tell your friend to look up the exact wording of the bylaw he allegedly broke so that he can state categorically that he didn't violate any of the provisions of the law. Given how over crowded the courts are going to be after they reopen from lock down there is a good chance this ticket will get dumped by the prosecution to make room for more important matters, but he should still prepare a defense just in case the matter does end up going to trial.
Obviously if he's trying to get him off the ticket.You should kick your friend, who is hanging out in sleaze bag motels, in the nuts. And tell him to smarten the fuck up. Because he is more than a public nuisance. He’s a public health risk. Bastard. And you are actively enabling him.
Maybe “asking for a “friend”. “. LolObviously if he's trying to get him off the ticket.
Not necessarily. Traffic tickets are not thrown out due to errors. The prosecutor can correct the errors, due to legislation passed by the McGuinty liberals a few years ago. I woudl suspect that, under the Provincial Offences Act, the same might apply to Public Nuisance tickets.The wrong year would automatically void the ticket in court
What reason did they have to pull you over at all in the first place? Is there no such thing as probable cause in Canada or is this becoming a police state like China?
Seems like your best answer to any and all police questions for these types of stops is 1 - am I under arrest? 2 - am I being detained? If no then leave immediately and say nothing. If yes - then you have the right to remain silent (and it would be a good idea in most circumstances to do so).
Seems like your best answer to any and all police questions for these types of stops is 1 - am I under arrest? 2 - am I being detained? If no then leave immediately and say nothing. If yes - then you have the right to remain silent (and it would be a good idea in most circumstances to do so).
I was told he pulled out of parking lot when a police vehicle was driving by. The officer followed him and pulled him over. The officer told him he was at the Motel for 11 minutes and wanted to know what room he was in and who he was seeing. I don't see how a public nuisance ticket is called for. His vehicle was parked, he went in a room, came out a short time later and drove away.What reason did they have to pull you over at all in the first place? Is there no such thing as probable cause in Canada or is this becoming a police state like China?
Seems like your best answer to any and all police questions for these types of stops is 1 - am I under arrest? 2 - am I being detained? If no then leave immediately and say nothing. If yes - then you have the right to remain silent (and it would be a good idea in most circumstances to do so).
Public nuisance is likely the bylaw used for enforcing public distancing.
A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all. A public nuisance is actionable in tort and can also be a criminal offence
A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all. A public nuisance is actionable in tort and can also be a criminal offence
Going by this statement, I don't see how it could be considered a public nuisance. Going from a vehicle to a building and back. How could they prove there was no social distancing in the room? The cop never even witnessed it. I think it's a bullshit ticket and he should fight it.Public nuisance is likely the bylaw used for enforcing public distancing.
A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all. A public nuisance is actionable in tort and can also be a criminal offence
They mailed in the ticket using the option for an early resolution. We'll see what happens. I would like to see the officers notes to get there reason for issuing the ticket. I think it's harassment and intimidation.
I remember several years ago reading about the Ontario Gov. making a change to the Municipal Act to allow cities to designate Massage Parlours as a public nuisance. I don't know if it was intended to apply to other parts of the sex trade or not or if this is an attempt to use this law.
