I refer to this original post: http://www.ontariohighwaytrafficact.com/topic497.html The car driver, decided to pursue him in his car until he drove in front of him and cut him off on another driveway which is a potentially dangerous behavior that could have resulted in another collision and injury. Then car driver exited his vehicle as he started yelling and repeatedly using obscene language and was trying to detain him and by grabbing onto his shoulder. The aggressive behavior of the car driver terrified him moreover it became apparent to him that this wasnt the safest place to be at that moment. He decided to leave the scene of the accident for my own safety. It is obvious that the car driver did not behave in a civil manner by yelling and trying to detain my son and the Toronto Police officer explained that this was perfectly reasonable, and it is known as Civil Arrest... Can we consider it to be a Civil Arrest?
The car driver, decided to pursue him in his car until he drove in front of him and cut him off on another driveway which is a potentially dangerous behavior that could have resulted in another collision and injury. Then car driver exited his vehicle as he started yelling and repeatedly using obscene language and was trying to detain him and by grabbing onto his shoulder. The aggressive behavior of the car driver terrified him moreover it became apparent to him that this wasnt the safest place to be at that moment. He decided to leave the scene of the accident for my own safety.
It is obvious that the car driver did not behave in a civil manner by yelling and trying to detain my son and the Toronto Police officer explained that this was perfectly reasonable, and it is known as Civil Arrest...
The private citizen right to arrest without a warrant under s. 494 of the Criminal Code only applies to criminal offences, or an indictable offence. Indictable offences do not apply to the HTA and offences under the HTA are not criminal. The right for a cop to arrest without a warrant under the HTA is limited to subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1). Section 200(1)(a) expressly states; Duty of person in charge of vehicle in case of accident 200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall, (a) remain at or immediately return to the scene of the accident; ... Every private person may also arrest without warrant any person whom he or she finds committing any such contravention mentioned above. The police, but not a private person, can also arrest without warrant a person breaching s. 177(2). From what I gather, your son was not leaving the scene before the guy grabbed him, therefore, in my view, he had no right to touch your son at all. In fact, you can argue he assaulted your son. From what youve told us, the guy also never informed your son that he was under arrest, if he is now claiming he was arresting your son. Once he arrested your son, he was also required to inform your son of his rights under s. 10 of the Charter. He didnt do so. The guy had no legal right to arrest your son for the accident itself. If hes claiming he arrested your son for the accident, then it was an unlawful arrest and your son can sue him. The HTA provides no immunity for te illegal action of false arrest when he acted on his own and not at the request of a police officer. The HTA only provides immunity from false arrest if an officer requests your help in arresting someone. Thus, a distinction is made proving he is provided no immunity.
The private citizen right to arrest without a warrant under s. 494 of the Criminal Code only applies to criminal offences, or an indictable offence.
Indictable offences do not apply to the HTA and offences under the HTA are not criminal.
The right for a cop to arrest without a warrant under the HTA is limited to subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1).
Section 200(1)(a) expressly states;
Duty of person in charge of vehicle in case of accident
200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,
(a) remain at or immediately return to the scene of the accident;
...
Every private person may also arrest without warrant any person whom he or she finds committing any such contravention mentioned above.
The police, but not a private person, can also arrest without warrant a person breaching s. 177(2).
From what I gather, your son was not leaving the scene before the guy grabbed him, therefore, in my view, he had no right to touch your son at all. In fact, you can argue he assaulted your son.
From what youve told us, the guy also never informed your son that he was under arrest, if he is now claiming he was arresting your son.
Once he arrested your son, he was also required to inform your son of his rights under s. 10 of the Charter. He didnt do so.
The guy had no legal right to arrest your son for the accident itself. If hes claiming he arrested your son for the accident, then it was an unlawful arrest and your son can sue him.
The HTA provides no immunity for te illegal action of false arrest when he acted on his own and not at the request of a police officer. The HTA only provides immunity from false arrest if an officer requests your help in arresting someone.
Thus, a distinction is made proving he is provided no immunity.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
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When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
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Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
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I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
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Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
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Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
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Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
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This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
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I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
I have no problem paying the fine and accepting…
