Letter to Investigators


November 24 2005


To whom it may concern,

The following complaint is in regards to the conduct of OPP constable Ian Michel. Also in question is the conduct of Ms. C. Mariuz whom of which was handling prosecution duties on the day of January 20 2005 at the Hensall Circle Court in Mississauga.

First let me briefly describe the evening of the event in which the OPP constable unjustly issued nearly $300 in fines.

On the evening of June 14 2005 at approximately 10:15pm, I was pulled over by OPP officer Ian Michel for doing nothing wrong. The first thing I asked him when he approached my vehicle was “Why did you pull me over”. His answer was, for not wearing my seatbelt. I tugged on the strap that rested across my chest – he then began talking down to me while questioning me – asking for my vehicle papers as well as seeking knowledge as to whether I had been drinking or not.

I replied with an honest answer about the drinking and told him I had one beer about half an hour earlier. He then told me that I would have to exit my vehicle to perform an alcohol test. I objected feeling my rights were being violated and expressed those thoughts. A short debate took place [while I debated my points I was looking for my vehicle papers, but with little concentration] which I finally gave into when the police officer told me that if I didn’t comply, I would be detained and taken to his station where, if I continued to object to the test, I would then be charged with driving under the influence.

As I unwilling agreed to the test and exited my vehicle, I asked the officer the following question, “What about my vehicle papers?” His reply was exactly, “Don’t worry about it, we’ll take care of it later.” [I later found out that the take of it part was $180 in fines.]

At this point, I would also like to add that I was “unreasonably searched” upon entering the police cruiser – Section 8 of the Canadian Charter of Rights and Freedoms titled Search and Seizure states. Was there good reason to search me? Staff Sergeant Phil Carter of the Port Credit Detachment says it was for their own protection. From what? I am a clean-cut self-employed individual with advertising decals all over my van that states the obvious. Were they threatened by me? This infringement on my rights shouldn’t have even taken place as the reason for the test was totally uncalled for – it was obvious I was not intoxicated. I passed the test. Ask me if I will ever tell the truth if this happens again!

The end result of that evening was harassment and “excessive” fines – on top of the fines previously mentioned, was an additional seatbelt fine of $110. He didn’t even give me the benefit of doubt with the scene being one of darkness on top of the tinted windows on the vehicle. Furthermore, the way the seatbelt sits from the tip of my shoulder to the chrome belt holder could be described almost like looking at a sheet of paper at a vertical view.

My mind was made up the moment I looked at all the tickets in my hand that I was going to take this to court.

The improper behavior of the police officer only began that evening in which we first met. The first court appearance I made regarding these fines was rescheduled because the police officer was a no show. I believe I could have had everything thrown out, but I wanted to hear what the officer had to say about the issues regarding the tickets, so agreed with the new date.


THE COURT APPEARANCE – January 20 2005

Defending myself and not knowing court procedures, I basically was pretty rough around the edges in presenting myself. The police officer took the stand first and I was shocked at some of the things he had said.

Quoting the transcript, which has been provided to you, here is what transpired:

1) I would first like to point out line 5 to 9 on page two, as the officer states: “I took notes immediately after this occurrence. They’re before me today in black ink. I’ve made no alterations or deletions to these notes and require them today purely for the refreshment of my memory, though I do have a very clear and independent recollection of these events.”
2) From line 19 on page two to the end of that page to line 9 on page three are statements regarding the time errors. It was my focal point on clearing myself of all charges when I went into court. I honestly believed that the officer was intentionally taking away my defense on “all three fines”. I say this because I did not see my vehicle papers in my glove box the first time I looked and because the police officers did not see me wearing my seatbelt – the reason being: it was too dark! I say “intentionally taking my defense away” because I believe it takes “at least 30 seconds to write one ticket” so, how could he have made the time error on all three “tickets” and yet got it right in his notes when he [in his own words] “immediately” made those notes? I believe these were his thoughts at the time of writing up the fines. More on this matter follows.
3) Line 19 to 20 on page three he states: “I observed two marooned coloured straps of the seatbelt assembly…” Did he read this from his notes or was this totally clear in his head as he stated earlier? You can stand behind my vehicle in the middle of a sunny day and you could not tell the colour of those seatbelts or anything else in the vehicle. More on this matter follows.
4) Line 29 on page three: “I activated my cruiser’s lights and sirens…” No sirens, just lights.
5) Line 1 to 4 on page four [**edited for legal reasons** - simply did not happen]. “…prior to him stopping, I observed the male driver of the vehicle pull the seatbelt assembly across his chest, starting from his shoulder and then downward, diagonal manner; pulled the buckle across his chest with one of the straps.” I was in disbelief to say the least!
6) Line 2 to 6 on page five was nothing short of story telling. He states: “Prior to my departure I had the accused again fasten the seatbelt in a secure matter. I observed the male portion and female portion lock tight and heard a click at that time and I was satisfied that the seatbelt was in good working order.” [***edited for legal reasons*** - This simply did not happen], in disgust I took the tickets from the officer and then immediately rolled up my windows and drove off… without my seatbelts on.
7) Line 9 to 12 on page five the prosecutor asks the officer if he gave me enough time to provide my vehicle papers. His answer: “I believe so. I was with the accused party for more than ten minutes.” If he didn’t tell me not to bother with them, I wouldn’t have stop looking.

The number of false statements in court is [6] excluding the issue with the time errors.

[************ this line removed for legal reasons ***********]. A discussion or discussions between the prosecutor and the police officer in my mind no doubt took place. [**********this line removed for legal reasons**********].

1) When the officer made the statement of the time, the prosecutor “immediately” responded to the error. I made a mental note right away.
2) The incredibly well made, but flawed, description of everything that transpired and seen. Such as the details of the interior of my vehicle including the “colour” of my seatbelt.

[************ these lines removed for legal reasons ***********].

As far as the prosecutor is concerned, she needs to be questioned on this matter as well. Her integrity among other things is also seriously in question. And if there is any foul play on her part, from my view and I’m sure any Canadian [on both of these matters] would agree that this should be nothing short of career ending. Yes, these are just ticket infractions, [************ this line removed for legal reasons ***********].?

[************ this line removed for legal reasons ***********]. I have questions that I want answers for:

Is this how our police officers conduct their duties?

Is this incompetence or is this criminal behavior? [************ this line removed for legal reasons ***********].

How serious is it for a police officer to LIE under oath in a court of law?

What will the penalties be?

I questioned the officer on the matter of him harassing me for no good reason. Yet it went nowhere, I would like to clarify… do I not have every right to ask officers questions and are they not obligated to answer? Public servants should be willing to answer questions – they serve us.

I feel strongly that I have been mistreated and want action taken. I am willing to submit to a polygraph test on this matter on the following conditions: 1) the officer goes first, 2) I’m present during the questioning, 3) questioning of me are to be focused on the incident and 4) no personal questions asked.

This has cost me approximately:

• $80 in fines
• $80 in court fees - I appealed the decision by the Justice of the Peace - I was innocent on all charges and was unhappy with what transpired in court. The appeal date was set for November 4 and when I showed up, the prosecutor told me I was wasting my time. She discouraged me so I left and am taking this route to see what results take place.
• $30 in fuel
• 20 hours in time; preparation and compilation of documentation
• Some sleepless nights.