Here are answers to the more recurring questions about arrests, ticket contestation, self-defense in court and other juridical questions.
We are neither lawyers nor members of the Barreau du Québec. The basic advice provided in this FAQ is intended for general information and is based on our research and experience of state repression and its judicial circus.
The situations in which we have to face these attacks are all different from each other, and considering all the special nuances we strongly advise you to use multiple sources of information before you embark on these legal battles..
Table of contents:
How do I dispute my ticket?
What can I do if the thirty day period has passed and I still have not disputed my ticket?
How do I postpone my hearing?
How do I prepare my case for a hearing for a ticket?
Do I really need a lawyer to dispute a ticket?
Is the ticket for minors the same amount as for adults?
There is a mistake in my address; is my ticket still valid ?
What is a class action?
I want to take part in a class action; how can I participate?
What happens if I do not dispute my ticket?
Several months ago a police officer told me I would get a ticket by mail, but I still haven't received anything. What should I do?
What is the difference between a class action and collective defense ?
If there is a written error on my ticket (eg signigificant dates or times, the exact location of the kettle, your first name/last name etc) is it still valid ?
What will happen if I don't pay my ticket?
Can police officers look in my cell phone?
How do I dispute my ticket?
- On your ticket, check “non guilty” in the appropriate place.
- On the back , there is a space where they ask your version of the event. Do not write anything other than "I demand full disclosure of the evidence.” To describe the situation would only help the crown attorney build a case against you.
- We recommend making a copy of the form before sending it in.
- Send the ticket by mail to the Municipal Court of Montreal or in person at one of the Montreal service counters (see their website for addresses), or by email. As a precaution, it's a good idea to keep a record of sending the form if you choose to send it by mail. If you submit the form in person, you will receive a "receipt " of your dispute.
- You have 30 days to dispute your ticket from the day you receive it.
What can I do if the thirty day period has passed and I still have not disputed my ticket?
As the bureaucracy is slow and most of the time the tickets are not yet entered into the computer system after 30 days, it is possible to dispute the ticket after the deadline . You must call the Registry of the municipal court with your ticket number the folks there should be able to tell you if you can contest your ticket.
How do I postpone my hearing?
If you receive a court date which you can not attend for various reasons (travel, important appointment, etc.) , it's possibe to have it changed. Call the Registry of the municipal court as soon as possible to request another date be set . However, you must have a reason the court will take seriously to be given another date. You might even have to present yourself before a judge in court to to explain your reason. The date that you received in your notice remains valid until a judge accepts your change of date. Not attending a hearing without good reason may lead to further proceedings without your presence.
How do I prepare my case for a hearing for a ticket?
- Immediately after the event, write your story in a very detailed manner in order to refer back to it during your trial, which could take place several months or even years later.
- Find good credible and reliable witnesses who will testify for you. Make sure you have a way to contact them.
- Try to find video or photographic evidence. You must find the original (no youtube videos) and the owner who will testify that the images in evidence belong to them.
- If you're not comfortable or know very little about legal procedures, the Educaloi site can help you understand the process:
http://www.educaloi.qc.ca/en/capsules/contesting-ticket
There is also the site of the Quebec Bar which offers free advice on how to represent yourself in court guides:
http://www.fondationdubarreau.qc.ca/publications/index.html
Do I really need a lawyer to dispute a ticket?
Nope. You can represent yourself by making sure you have the best possible evidence (photos, witnesses, video) and by writing your version of the facts as soon as possible to avoid forgeting anything (remember, the process can take several months!). The website Educaloi has clearly laid out steps about how to dispute a ticket:
http://www.educaloi.qc.ca/en/capsules/contesting-ticket
The Quebec Bar website also offers legal guides (in french) to self-representation:
http://www.fondationdubarreau.qc.ca/publications/index.htmlYou can also get in touch with the Self Defense and Legal Support committee of the CLAC ( defense@clac-montreal.net ) for more information or support.
Is the ticket for minors the same amount as adults?
According to the Criminal Code, a fine cannot exceed $100 plus costs for people under 18 years of age.
There is a mistake in my address, is my ticket still valid ?
Yes, it is still valid and it is your responsibility to correct it by calling the Registry of the municipal court. It's the same when moving .
What is a class action?
A class action is a procedure that allows a person to act as a representative on behalf of all members of a group (without permission of the group) in a liability civil lawsuit in order to obtain compensation (usually money). These are the people who were arrested and are suing the City for the actions of its police department. It is not a defense and does not interfere with the challenge of an offense (such as tickets). It is a group action, but one or two people act as representative of the group: they are called the claimants. The lawsuit happens in their name.
Generally, there are three steps:
1 . Authorization
A class action must first be authorized by a judge. It is essentially a filtering step that determines whether the case is suitable for a class action, if the group is homogeneous enough and if the claimants represent the group well .
2 . The Group Definition
Once the class action is authorized, the judge defines a group of people who will be affected by the class action, the issues in dispute, and the conclusions being sought. The people affected are called group members. All group members are automatically part of the class action without having to register. The judge will also order the publication listed below.
3 . The case and judgment
Following approval, a judge will hear the merits of the case. The same judge may hear the authorization and the merits. A class action is a rather lengthy process, and you may have to wait several years before a judgment is rendered.
And ... if I do not want to join the group ?
After class certification, notice to members is published, usually in newspapers, to inform the use and terms of exclusion.
A person can therefore be excluded from the class action within the exclusion period if they want to be or if they prefer to pursue legal action against the defendant on their own. The excluded person can not benefit from the money paid to members of the group if the lawsuit succeeds.
I want to take part in a class action, how can I participate?
All persons described in the definition of each class action are automatically registered for it. There are therefore no fees, no forms to fill out and no one to notify in order to be part of it. It is still recommended to stay informed about the process to know how to claim your compensation if the class action is successful.
What happens if I do not dispute my ticket?
If no response is received from you after the 30 days, it is automatically assumed that you chose to plead not guilty. The case will be heard by a judge in court without you being notified. The hearing will be held in your absence and you will then be informed of the decision.
Several months ago a police officer told me I would get a ticket by mail, but I still haven't received anything. What should I do?
You might have to wait up to a year to receive a ticket because the police can take a year before registering their "pad" of tickets. You can call the Registry of the municipal court to monitor and ensure that you have the correct address. If you still have not received anything after a year, then congratulations, you will not get a ticket !
What is the difference between a class action and collective defense ?
A collective defense is when a group of arrestees decide together what strategy to use at trial. They can hire a lawyer, share costs or organize fundraising events to minimize the legal fees.
To arrange this, it is important to find a way to keep in touch with other arrestees. A mailing list usually works well, while facebook is not recommended for organizing a defense because confidentiality is not ensured. A meeting is set to decide whether to hire a lawyer or not, to view the evidence and to discuss defense strategies. You generally must make every effort so that everyone agrees with the decisions made. Disagreements or differing expectations can often end a collective defense.
A class action, on the other hand, is a procedure to gather a maximum number of legal claimaints to obtain monetary damages. It is a completely separate process from a defense in a prosecution. For example, it is possible to be convicted of an offense, but still win the class action and get compensation for the damages suffered.
If there is a written error on my ticket (eg signification dates or times, the exact location of the kettle, your first name/last name, etc) is it still valid ?
These are called clerical errors, and they are rarely fatal for the prosecution because clerical errors may be modified by the police after your plea of not guilty. Usually clerical errors do not change the offense. However, in some cases, if more errors were included in the statement and in the writing of the events in the police report, it may be possible to doubt the accuracy of the officer.
What will happen if I don't pay my ticket?
For a criminal offence (municipal by-law: illegal gathering, misuse of street furniture, posting, etc.)
Compensatory work
To qualify for compensatory work, you need to prove that you are a low-income person (student, unemployed, on welfare, etc.). Normally, if you have a salary, even a very low one, you don't fall into their “low-income” criteria. However, it is sometimes possible to negotiate an exception to the rule with the tax office.Seizure
Once your file is in the hands of the bailiffs, they may visit you to seize your assets. Fortunately, the list of goods essential to life is rather long. So, bailiffs can't seize items such as your oven, fridge, bed, etc. Your television is also considered essential, and your computer/laptop could also be if you're a student or use it for work, for example. For other items, such as your home theater, it's best to belong to your roommate...Jail time
In Montreal, since 2004, there has been a moratorium on imprisonment for traffic tickets. So, for the time being, it's not possible to “pay” your tickets by going to jail. However, if you're under warrant for unpaid tickets and you're intercepted by the cops, they may decide to detain you at the station for a few hours, while you sign a promise to appear at the collector's office. It's also good to know that even though there's a moratorium in place in Montreal, the SPVM can enforce warrants of imprisonment issued by other police forces.For a traffic offence (500.1, crossing on a red light, lack of reflectors on a bicycle, etc.)
Seizure
The same conditions apply as for criminal offences, but police officers can also seize your vehicle more quickly.Driver's license suspension
For this type of infraction, if you don't pay your tickets, the SAAQ will be quickly informed and will immediately suspend your driver's license.Jail time
When someone is really trying to get out of paying their Highway Code tickets, the police can seek a warrant for their imprisonment. This usually happens with people who have money, but just don't want to pay their tickets. Going to jail won't cancel or pay the ticket - you'll still have to pay it when you get out.
Can police officers look in my cell phone?
If you get arrested with your cell phone, the police can't do just anything with it, but since police abuse is common, it's always best to secure your phone as much as possible. Make sure you have a password on your phone so the police can't access it, but avoid facial or fingerprint recognition, because the police can easily make you unlock your phone that way. The police can't force you to give them your password.
Smartphones are considered mini-computers, so snooping around in them is an invasion of your privacy, but the police can still look at certain things if they manage to open your phone or if it's open when they arrest you. If they look into your cell phone, they have to make a note of everything they look at. They're not supposed to look at your entire internet history and who all your contacts are on social networks, they can only look to see if there's any information directly related to the crime for which you've been arrested that would be of immediate use. The case law for cell phones comes from a case where a person was arrested for jewelry theft. The police looked into his cell phone and saw an explicit text message from his accomplice, incriminating them both. The arrestees tried to have this evidence thrown out, but the judge decided to uphold the evidence because the police only made a very summary search of the phone, so the evidence was admissible.
Police officers are therefore not allowed to search very far into your cell phone, unless they obtain a court warrant, such as to search an apartment, for the evidence to be admissible in court. However, police don't necessarily follow the rules, so they might decide to search your cell phone to gather information on the activist milieu, for example, they just don't have to use this information as evidence in court.
DISCLAIMER
Members of the Self Defense and Legal Support committee of the CLAC are neither lawyers nor members of the Barreau du Québec. The basic advice provided in this FAQ is intended for general information and are based on our research and experience of state repression and its judicial circus.The situations in which we have to face these attacks are all different from each other, and considering all the special nuances we strongly advise you to use multiple sources of information before you embark on
these legal battles.