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That's a misleading statement. While malicious prosecution is not a criminal code offence, it is a tort, meaning that the law recognizes that the victim has been harmed, and allows him to sue for damages. He can also bring a complaint of misconduct under the Police Services Act.
So to say there is no such offence is only half true.
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Originally Posted by rick_iles
Exactly,but,if he/she continues and has enough charges dismissed,they won't get away with it for long.
But if the defendant pays the ticket, even guilty with an explanation, then the charges aren't exactly dismissed.....Charges that probably wouldn't have been laid by a local CO against a local sportsman....Quote:
Originally Posted by trimmer21
The response was to an ascertion that malicious prosecution was a criminal code offence.....there is no such offence. Where is the "half truth".Quote:
Originally Posted by welsh
Further, the Police Services Act has absolutely nothing to do with CO's.
To say that there is no such offence implies that writing a ticket, knowing the charge to be false, is within the law. It is not, and you know it. So the statement is a half-truth: it makes an implication by omitting known facts that contradict that implication.Quote:
Originally Posted by rick_iles
You're right re the Police Services Act. But I doubt that a CO who makes a habit of writing false tickets is going to enjoy a long career if that comes to light, regardless.
That's quite true,Pat. Most hunters will just eat it rather than contest it. That's why it's important that everyone who's certain that's what's happening always says "I'll also need a certified copy of your evidence for disclosure. I won't be in Court that day,but,my lawyer will be,so,see ya there........and there won't be any continuance,either." Then,DO it.Quote:
Originally Posted by Pat32rf
My statement that there is no such offence implies nothing. It was merely in response to an earlier statement that malicious prosecution was an offence in the criminal code. It is not. Had the OP requested clarification, I would most certainly have done that. But then that would have deprived you of the opportunity of attempting to correct my post !Quote:
Originally Posted by welsh
Sorry guys. I was wrong about the criminal code. Here is what I was remembering and getting mixed up with the code.
Rick, you're being needlessly argumentative. In fact, in my original response I acknowledged that it's not in the Criminal Code. I was simply clarifying that it is indeed a tort, and you have chosen to take offence.
Well Welsh, some here take offence to your continual condescension ! Cheers !Quote:
Originally Posted by welsh