Ontario Criminal


Appeal

GENERAL
Hindsight does not form basis for appeal

Appeal from conviction. Accused represented herself on charge of rolling right turn on red light. Accused claimed that Justice of the Peace (“JP”) should have recognized that she was overwhelmed and stepped in to offer her assistance or afford her adjournment for purposes of obtaining assistance perhaps by paralegal or some other type of legal representative. Appeal dismissed. Nothing in transcript would have indicated to JP that accused was confused or had problem that required special attention. In Provincial Offences Court very few people are in fact represented by paralegals or lawyers. Accused had indicated she was ready for trial. This was simple highway traffic offence. What JP did was adequate and there were no questions. Officer gave evidence that was quite detailed and he testified using notes. Only issue for JP was to weigh contradictory evidence. He found accused’s evidence credible but he believed police officer that accused had not stopped. Accused’s interests would have better served if she had hired paralegal or agent to assist her at trial, but hindsight does not form basis for appeal.

R. v. Caffrey

(Dec. 15, 2011, Ont. C.J., Pockele J., File No. 00-4235385A) 99 W.C.B. (2d) 408 (10 pp.).

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