Ticketed Motorist Accused of Assaulting Parking Enforcement Officer

Update: see previous posts – June 8, 2010 Drive Away Parking Tickets , May 22, 2010 Road Rage on Canadian Roads

A Parking Enforcement Officer is a Peace Officer under the Law

see source, Toronto Police News Release

Brampton Man Charged with Two (2) Counts of Assaulting Peace Officer

It isn’t unusual for motorists receiving parking tickets, to feel a sense of outrage.

An unofficial policy of the Parking Enforcement Officers is to avoid ticketing an illegally parked motor vehicle, if there is an occupant in that vehicle at the time.

If you're being ticketed, fight the ticket, not the woman issuing it. A Parking Enforcement Officer is considered a Peace Officer. If you assault a peace officer, under section 270 (1) of the Criminal Code, you can receive a five (5) year sentence.

The reason? Motorists who feel a sense of outrage can often express this anger in inappropriate ways, including verbal and sometimes physical abuse.

According to Constable Wendy Drummond, Corporate Communications, the following is alleged to have occurred:

On the afternoon of January 4, 2011, at approximately 12:26 p.m., a Parking Enforcement Officer was issuing parking tickets in the area of Lakeshore Blvd. & Islington Avenue.

The trouble began when she was writing up a ticket for a motor vehicle on Lakeshore Blvd. There was no one in the car when she began to write the ticket, but that was about to change.

A man approached the same car she was writing the ticket for and opened up the driver’s door and entered the car and sat in the driver’s seat.

When the Parking Enforcement Officer placed the yellow ticket on the man’s windshield, the man sitting in the car, opened his driver’s side door, which came into contact the the Parking Enforcement Officer.

The Parking Enforcement Officer began to walk away from the vehicle she had just ticketed towards her own vehicle and the man removed the ticket from the winshield and walked up behind the Parking Enforcement Officer and pushed her. The Parking Enforcement Officer was not injured.

As a result of the opening of his car door, which came into contact with the Parking Enforcement Officer and the physical pushing of the Parking Enforcement Officer, Francis Tonna, of Brampton, has been charged with two (2) counts of Assaulting a Peace Officer.

In response to these charges, Mr. Tonna is required to appear in courtroom 220-F, at 2 p.m. at the courthouse located at 2201 Finch Avenue West on Monday, February 8, 2011.

Under Canada’s Criminal Code (R.S., 1985, c. C-46) , assault is defined as the following:

Assault

265. (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Criminal Code 270. (1) Assaulting a Peace Officer

Assaulting a Peace Officer

270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person

(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or

(ii) with intent to rescue anything taken under lawful process, distress or seizure.

Criminal Code 270. (2) Punishment

270 (2) Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.

R.S., c. C-34, s. 246; 1972, c. 13, s. 22; 1980-81-82-83, c. 125, s. 19.

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2 comments

  1. Correction, it is practice to request the occupant, if driver, to move the vehicle initially, followed by ticketing if that request is ignored or turned down.

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