2.4 Winning Your Case
Now that you know the basics, below are all the ways in which you could win your case!
Winning Before Trial
- Improper or invalid ticket: If certain sections of your ticket were filled out improperly, your case may be dismissed. However, please note that with the Ontario Court of Appeal’s judgment, R v. Wadood (2017 ONCA 45), officers are now entitled to change information on a certificate of offence before filing it with the court, even after serving you with a offence notice. Nothing requires that the information on a certificate of offence be identical to the information on an offence notice before it is filed with a court. But, you still may have an argument if you were misled or prejudiced by a change to information on the certificate of offence.
- Failure to provide timely disclosure: If you requested disclosure properly, well ahead of your trial, and the prosecution failed to give it to you, you may request a stay, mentioning your right to disclosure under section 7 of the Canadian Charter of Rights and Freedoms.
- Late Trial: If it takes too long for the courts to arrange your trial, or your trial was delayed on through no fault of your own, you may request a stay, mentioning your right to a speedy trial under section 11(b) of Canadian Charter of Rights and Freedoms.
Winning at Trial
- Officer fails to show: If the police officer fails to show up at trial, and there is no witness to testify against you, your case will be dismissed, unless the officer has a legitimate excuse for not showing up (ex. called in to work sick in advance of your trial).
- Insufficient evidence: If you can prove that the evidence fails to establish that you are guilty beyond all reasonable doubt, you cannot be convicted.