Ontario Community Newspapers

Whitby Free Press, 16 Apr 1980, p. 27

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WHITBY FREE PRESS, WEDNESDAY, APRIL 16, 1980, PAGE 27 New court pro cedures intro duced New court procedures to provide speed and con- venience in dealing with minor offences took effect on March 21, Attorney General R. Roy McMurtry bas an- nounced. On that date, the Provin- cial Offences Act and the Provincial Courts Amen- ciment Act came into force, reforming the process of dealing with more than two million cases a year. "IThese reforms are part of our continuing effort to make the court system more efficient and accessible to the public it serves," Mr. McMurtry said. Besides being more con- venient, accessible and in- formal, the new system will save taxpayers millions of dollars each year in operating the courts, police departments and other law enforcement agencies, Mr. MeMurtry addéd. The new simpiified DOULAR UNIE A bouse is prc rnost expensive product any of ever buy. Yet m( will subject it t( scrutiny than mT purchases. There are pec will check to see of thread has be< a suit or dress bi will buy it. E wouldn't think t( the electrical wi house they are wo In a resale sitt buyer is often from poking intoi and cranny becý someone else's hi Dolar Sense offé financiai advioe bers of The h Chartered Accot Ontario. wouldn't seem a brand new honi an inexperiefle may flot know wl for -- here a hom, procedure applies to al of- fences under Ontario laws and regulations. Municipal parking offences will even- tually be included in the system as well, Mr. McMur- try sa id. The most numerous offen- ces are under the Higbway Traffic Act. These totalled 1,568,851 in 1978-9 and in- cluded speeding, failure to ware seat belts, improper turns and violations in- volving vehicle safety. Other examples of minor offences are violations of provincial statutes such as The Game and Fish Act, The Motorized Snow Vebicles Act, The Liquor Control Act and The Liquor Licence Act. In addition, the new procedure applies to offen- ces uxider municipal bylaws sucb as animal control byiaws, housing standards bylaws, business iicensing bylaws and commercial By Murray Bumack, CA obably the depth of attic insulation. consumer On the outside, check out fus will the eavestroughs, the ost buyers masonry, the condition of ýo far îess th paint and look for nost other curled shingles. You should also consider whether the ople who bouse is likely tolbave wple whod flooding problems in spring wha ksdind or during a heavy storm. ýenr use i Be thorough in scrutiniz- eforethey ing a bouse you buy, you lut many will be stuck with the bill o examine later. If you do corne across ring in a problern areas, find but the nsidering. repair costs and reduce ainibited your offer accordingly. every nook And contact a lawyer before ausey it k you sign any offer to pur- ýouse and it chase or pay a deposit. A little reading at the crs general public library, advic from byitt ofm and much care and common antitt of sense will Ai be invaluable mtants ~ aids so you'll know in ad- vance what you are getting, pohit. In and wbat you are getting e situation Don't forget to consult Ded buyer a Iaw.yer before you sign ,hat to look any offer to purchasge or -e warranty give a deDosit. is most important. The buyer should list and tboroughly investigate the mechanics of the house: the plumbing, heating, insulation, and the electri- cal system, is a good start. Include on the list the kinds of things that are likely to go wrong and telîtale signs to watch for. You may want to talk to a plumber or electrician, or take one with you, on your second or third visît to a place you are serious about. Take your list along to remind you to flush aIl the toilets, turn on the taps and check electrical compon- ents. You will also want to scrutinize ceiings to make sure there are no signs of plumbrng leaks. Ask to light the fireplace, to see if it works. When you have checked out the mechanics, turn to the cosmetics. Pull back the drapes and lift up the car- pets to get an idea of the condition of the walls and floors. Open and shut al the windows: measure the vehicle licensing bylaws. However, because it can- not be effectively applied to parking offences under municipal bylaws until a new system of motor vebicle registration is implemented, the present procedure will continue to be used for these off ences. Mr. McMurtry stressed the new systemn will not ap- ply to offences under federal statutes and regulations, such as the Criminal Code and the Income Tax Act. When the new systemn takes effect, persons charged may receive an "of- fence notice" which sets out the procedures and must, within 15 days, exercise one of the following options: 1, if the person does not wish to dispute the charge, he should sign the, plea of "Guilty" on the offence notice and bave it delivered to the court office together with the amount of the fine shown on the notice. This is the same procedure as un- der the previous system . 2. The person may sign the "Not Guilty" plea on the of- fence notice and. have it delivered to the court office. The court will set a time and date for the trial and inform the person and the prosecutor of the date. If the person d oes not appear at the trial, he may be convic- ted in bis absence and a fine may be imposed. 3. if the person does not wisb to dispute that be committed the offence, but wishes to explain the circumstances surrounding the incide nt, he may appear at a convenient time before a ý justice, usually a justice of the Peace, at the place named on the offence notice. He may go to the place within the times specified on the of- fence notice witbout an ap- pointment, and may then explain to the justice why he thinks the fine should be reduced or time for payment extended. He may send someone to act as bis agent in tbis regard. The law en- forcement officiai who issued the offence notice is not required to appear in court when this option is exercised by the defendant. If one of the tbree options bas not been exercised within 15 days, the court will assume that the defendant does not wish to dispute the charge. The justice may then impose the fine shown on the offence notice and en- ter a conviction. The court clerk will send the defendant a notice of the fine and the date when itis due. When the offence notice procedure is used, the fine cannot exceed $300. However, in appropriate cases demerit points under The Highway Traffic Act will be recorded as a resuit of the conviction. Every fine is -due fifteen days after it was imposed, whether or not the defendant appeared inj court. Every person has the right to request extensions of time for payment after trial. The court bas powers to collect unpaid fines. Upon conviction of a motoring of- fence, the court may suspend the defendant's driving licence until the fine is paid. A person would be sent to jail for non-payment of fines only in circwnstances where ail other procedures for collection have failed. The new system also in- cludes provision for the per- son charged to have access to a quick, simple and inex- pensive appeai. The ap- peliant need only complete a prescribed form and file it in the Provincial Court (Crirninial Division) in the county or district where the case was first heard. The cierk wili give notice of the time and place of the hearing of the appeal as soon as practicable. The appeal will be conduc- ted.by means of an informai review in which both parties may appear without lawyers. The judge will let the parties state their case, and may make inquiries 'in order to define the issues in dispute. He may also listen to ail or any part of the recording of the proceedings at the trial. At the end of the hearing, the court may affirm, rever- se, or vary the original decision or direct that a new trial be heid in the Provin- LOOK WHO JUST MADE OUR TEAMI GGLD JACKET REALTY à, Mgmhr Broker sale for you. 824 Urock St. N., Whitby M6.221 583-6221 cee" 10 lla b"eiê"m7 cial Offences Court. in conjunction with iii- plementation of these new procedures, Provincial 0f- fences Courts are being established to process minor offences and will generally be presided over by a Justice of the Peace. "The problem in dealing with these minor offences, whicb are not in any sense criminai acts, is that the traditional procedure bas been borrowed from old doc- trines of the criminai law," Mr. McMurtry said. "As a resuit, technicalities and ceremonies have confused the average citizen, the courts have become congested with millions of charges for very minor of- fences, and the expense and wasted trne of the gereral public, court officials and law enforement personnel bas grown to enormous proportions," the Attorney General said. "The new Act will resuit in a procedure which is ap- propriate to the minor nature of most offences un- der the laws of Ontario, 50 I arn available CALL ME ANYTIME BLAIR BUCHANAN fair, efficent, cr- inexpen- sive manner," Mr. McMur- try said. M. WOODWARD Real Estate Brookllfl 655-4525 port perry reduced to $59,900 for quick sale, Three bed(oom brick bungalow wlth rec-room, f ireplace, broadloom, large fenced lot above ground pool, handy to shopping, schools, and many more extras. BROOKLIN 121h acre building lot wooded, good vlew In are of better homes. For f urther Information call M. Woodward Realtor IIIIIIII 655.4525 ... and done nothing about it to help you decide 668-8865 668-6313 DOWNTOWNOHAWAS OUiAPATUE RIDEL N INS . Sltoe, f ige.i br roaioourdthyr ro ou r privahos boecun Rlty s.m inde or lparic i t srerwithd idg bakon. balconies (lngih of you r a rimeni). Swimming pool saunas, exercise rooms, ceramic and phoiog. raphy room, ibrary, laundry facilities. card and gamet room, in.house cable TV. Mon.-Thursdoy il a.m.-8 p.m. Frtday il o.m.-6 p.mn. Sot. 12 noon-5 p.mn. 50 RICHMOND ST. E. 728-4666 Care and common sense, housebuyer's main tools HAVE YOU THOUGHT ABOUT A CAREER IN REAL ESTATE?

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