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[Sandman]

it is because of personal discretion that the opportunity for appeal becomes more imperative...we're talking punitive circumstances here, the "appeal" and the outline of the "Case Law Act" was not intended as a reference to the case in point, but a guideline to the basis of the law...doesn't matter whether civil or federal.

Okay,  but to be successful here, baowu2 would need to convince the judge that the CO was wrong to give him a ticket for fishing without his license.  He would need to convince that judge that he was only fishing for 5 minutes, that he had stopped prior to the CO ticketing him, and that he was not going to fish again after the CO left (I am not sure if the judge would accept his own buddies as credible witnesses to this, so he would need to get a stranger who was there to vouch for him).  Then he would need to convince the judge that the CO acted unjustly, or unfairly by not allowing him to produce a valid license (one dated prior to the date of the offense) at a later date to show that he did have a license even though he did not have one on him at the time.  I just do not see this being successful.  Since the two offenses, fishing without a license (article 12) and failing to provide a valid license to an officer when asked to produce one (article 97) both carry the same penalties, it is even questionable of getting the fine reduced.

[doja]

Okay,  but to be successful here, baowu2 would need to convince the judge that the CO was wrong to give him a ticket for fishing without his license.  He would need to convince that judge that he was only fishing for 5 minutes, that he had stopped prior to the CO ticketing him, and that he was not going to fish again after the CO left (I am not sure if the judge would accept his own buddies as credible witnesses to this, so he would need to get a stranger who was there to vouch for him).  Then he would need to convince the judge that the CO acted unjustly, or unfairly by not allowing him to produce a valid license (one dated prior to the date of the offense) at a later date to show that he did have a license even though he did not have one on him at the time.  I just do not see this being successful.  Since the two offenses, fishing without a license (article 12) and failing to provide a valid license to an officer when asked to produce one (article 97) both carry the same penalties, it is even questionable of getting the fine reduced.

[/b]

Fines can be reduced for a number of reason. Financial income, grey area of the offense, paying before a set date, and so on....

You might be better to strike a deal with the officer outside of court to save his time and ensure a settlement that works in your favor....
Explain to him that you are not a well of person and that this was a honest mistake that should be forgiven. Be very nice about it!!!

OR (if the above fails to provide)

Dealing with the officers supervisor and explaining that the failure to advise of the 7day grace was unfair and unjust and explain how you feel about it in a very nice and pleasant way.

I've gotten many people in trouble for acting poorly on the job, including cops, government agents and many private agents. I've also learned allot by going threw the appropriate channels of authority even if the offense still stands.


And attitude will get you no where...   Being nice and friendly will 

[blaydRnr]

the punishment always have to fit the crime...if baowu2 was given a ticket that was indicative to not owning a license...then the fine is excessive.

if the officer failed to inform him of his rights then he too is suspect for making a discretionary call that can be interpreted as bias.

[alwaysfishn]

Speaking of integrity.....
I have a buddy who had his car stolen. Inside was his debit card with his PIN number on it. You guess the rest the crooks deposited blank envelopes in the ATM's
and made off with over 5 G's.....   He has a thing about lying and told the bank straight up the truth. Result he owes the bank 5 G for being honest. Tuff lesson.

That was a lesson in stupidity.......   absolutely no lesson there about honesty!

[alwaysfishn]

the punishment always have to fit the crime...if baowu2 was given a ticket that was indicative to not owning a license...then the fine is excessive.

if the officer failed to inform him of his rights then he too is suspect for making a discretionary call that can be interpreted as bias.

Don't take this the wrong way Blaydrnr......  It's attitudes like yours that have made the law complicated to write and complicated to enforce. If everyone just took responsibility for breaking the law or didn't break the law at all imagine how efficiently our justice system would work. Instead we have 90% of the courts and enforcement officers time wasted answering arguments such as the ones you have been making.....

[speycaster]

Stupid is as stupid does, you got caught. Man up and pay the fine, enough moaning and whining like a two year old in the Save On who could not have a candy. Put it down as lesson learned and keep it filed in the memory bank.

[Sandman]

the punishment always have to fit the crime...if baowu2 was given a ticket that was indicative to not owning a license...then the fine is excessive.

if the officer failed to inform him of his rights then he too is suspect for making a discretionary call that can be interpreted as bias.

baowu2 was given a ticket "of $105-not able to present a valid license."  As I mentioned before, the "fine" or penalty for both offenses, fishing without a license (Article 12) and failing to provide a valid license (article 97) is the same (Article 84 -5a), a fine of up to $50,000 and/or six months in jail. The fine is not excessive and he should  feel lucky if he is guilty of the offense and only got a $105 ticket and did not have his gear seized (Article 94-1b).  Since he got a ticket for "failing to provide", and not a ticket for "fishing without a license", it is obvious the Officer gave him the benefit of the doubt about actually having the license at home.  There was no need to inform him of his "rights" to a 7 day grace period to produce a license, as that is for proving that you have a license and do not deserve a "fishing without a license" ticket.  There is no appeal to failing to provide. You either provide the valid license upon request or you do not.   An Officer who tears up a "failing to provide" ticket after the offender produces one at a later date, is the one making a "discretionary call that can be interpreted as bias" (in this case since the bias is in the offenders favour, no one objects).

[tnt]

the cost to take a day off work probably outweighs the price of the ticket..... so if your making more than $12.00 an hour then its not worth it..... plus you got caught  fishing without a licence ... quite playing the victim and pay up!

[glx]

I could be wrong but where in the Wildlife Act does it say there is a 7 day grace period?

[blaydRnr]

Don't take this the wrong way Blaydrnr......  It's attitudes like yours that have made the law complicated to write and complicated to enforce. If everyone just took responsibility for breaking the law or didn't break the law at all imagine how efficiently our justice system would work. Instead we have 90% of the courts and enforcement officers time wasted answering arguments such as the ones you have been making.....

no offense taken...however, it's because we live in a democratic society that we are allowed to question the law/government/judicial system...that's our right. if not for that, peaceful demonstrations and other key issues would not be tolerated or resolved...and as painful as the process is, change will only occur through debate and revamping of the act.

perhaps you would be happier to live in a totalitarian country where circumstances have no bearing on a case...where everything is black and white.

i agree our judicial system is in disarray...and yes, people do take advantage of the loop holes...but honestly though, if something doesn't feel right or fair why on God's Earth would you not question it? Why does one have the luxury of pardon while another does not?... especially for the same offense, the same scenario....does the law only apply to one but not the other?

[blaydRnr]

   An Officer who tears up a "failing to provide" ticket after the offender produces one at a later date, is the one making a "discretionary call that can be interpreted as bias" (in this case since the bias is in the offenders favour, no one objects).

...and it's because of that discretionary call that changes the logistics of the act...it's not about whining, but the relevance of consistency.

[blaydRnr]

Stupid is as stupid does, you got caught. Man up and pay the fine, enough moaning and whining like a two year old in the Save On who could not have a candy. Put it down as lesson learned and keep it filed in the memory bank.

one time i almost got a ticket for passing an officer doing 40kms/hr in a 50 zone (he was in the fast lane and i was in the slow)...his view was that i over took an emergency vehicle and that i showed audacity in the process. i refused to sign the ticket and i asked him to call his supervisor...after 10 minutes of threats and a final call to dispatch...he reluctantly gave me a verbal warning and let me go.

i suppose if that was you...you would have signed the ticket and assumed that it was illegal to pass an emergency vehicle in a non emergency situation.

[speycaster]

The OP had a brain fart and left his license, he did not check before starting to fish. He was guilty of fishing without a license PERIOD. Does not matter that it was at home or half a kilometer away in the vehicle. he was fishing WITHOUT a license. GUILTY,GUILTY. Pay the fine and get on with life, if I had been the CO he would have lost his rod and reel too.

[speycaster]

Oh, I would have given you a ticket for passing on the right, I would have cared less if you signed it or not. All your signing is acknowledging receiving  the ticket nothing more. So wether you sign or not makes no difference to the outcome .

[bluesteele]

That was a lesson in stupidity.......   absolutely no lesson there about honesty!

I guess it is for guys like you ?

I have another friend. He had a serious heart attack requiring major surgery while he was vacationing in Southern California. He is from the lower mainland and had no current travellers health insurance.

The hospital bill was approx 125k....  The hopspital informed him after finding out he had no insurance that they had a charity that was perhaps willing to cover all or part of the bill.
My friend informed the administrators that they should use it for someone who really needs it. He cut a cheque for the full amount.

I guess he is stupid as well ?

You sound like a real standup guy AF... Eagle food...