Hi there, Unfortunately, I can not find the disclosure (which I am sure I sent a request for), and I know without it there is little this board can do for me, but I will tell you exactly what happened: I was delivering a pizza and realized that I was low on gas, so I pulled into a gas station, as soon as I got to the pump, I see a police car behind me. I was certain I had my belt on, but of course the constable's word was different. He mentioned he saw me in the intersection, without my belt on. I was wearing a white t shirt. What are my defenses? I was making a delivery a block from the gas station? I can't afford to pay this ticket, I am a student. Sorry I could not provide disclosure. Thank You
Hi there,
Unfortunately, I can not find the disclosure (which I am sure I sent a request for), and I know without it there is little this board can do for me, but I will tell you exactly what happened:
I was delivering a pizza and realized that I was low on gas, so I pulled into a gas station, as soon as I got to the pump, I see a police car behind me. I was certain I had my belt on, but of course the constable's word was different.
He mentioned he saw me in the intersection, without my belt on.
I was wearing a white t shirt.
What are my defenses? I was making a delivery a block from the gas station?
I can't afford to pay this ticket, I am a student.
Your defense if it gets to trial is that you are absolutely certain that you were wearing your seatbelt and you always wear your seatbelt even when delivering pizza. If you are convicted you can ask for a reduced fine and time to pay. The key is to be a better witness than the officer so that your testimony in given at least as much weight as his resulting in you being found not guilty.
Your defense if it gets to trial is that you are absolutely certain that you were wearing your seatbelt and you always wear your seatbelt even when delivering pizza. If you are convicted you can ask for a reduced fine and time to pay. The key is to be a better witness than the officer so that your testimony in given at least as much weight as his resulting in you being found not guilty.
Was it day time or night night time? Do you have tinted windows? Where was the police situated? These are all important questions that you need to consider when cross examining the police officer to try and bring reasonable doubt to what he said. And as well you would say what ynotp says above.
Was it day time or night night time? Do you have tinted windows? Where was the police situated?
These are all important questions that you need to consider when cross examining the police officer to try and bring reasonable doubt to what he said. And as well you would say what ynotp says above.
Daytime, No tinted windows but was wearing a white shirt. Can't find my disclosure, but ** I think** the police was behind me when I was turning at the intersection.. Thank you for the replies guys
jsherk wrote:
Was it day time or night night time? Do you have tinted windows? Where was the police situated?
These are all important questions that you need to consider when cross examining the police officer to try and bring reasonable doubt to what he said. And as well you would say what ynotp says above.
Daytime, No tinted windows but was wearing a white shirt.
Can't find my disclosure, but ** I think** the police was behind me when I was turning at the intersection..
You know something I checked my outlook, and I sent a request for disclosure for this charge....but noticed that they did not even send it (searched my Inbox). What should I do? there is no disclosure in my Inbox...so it I dont think I even received disclosure...
You know something I checked my outlook, and I sent a request for disclosure for this charge....but noticed that they did not even send it (searched my Inbox).
What should I do? there is no disclosure in my Inbox...so it I dont think I even received disclosure...
It is up to you to make another request for your disclosure. You have to remain active in the disclosure pursuit. If there is not enough time between the time you get the disclosure and the court date, you may be able to get an adjournment to give you time to prepare your defence. Keep track of your requests, if you still don't get it in a timely fashion, after a few requests, you will be able to put forth a charter argument and get the charge effectively tossed (you are still a long way out for that yet though)
It is up to you to make another request for your disclosure. You have to remain active in the disclosure pursuit. If there is not enough time between the time you get the disclosure and the court date, you may be able to get an adjournment to give you time to prepare your defence. Keep track of your requests, if you still don't get it in a timely fashion, after a few requests, you will be able to put forth a charter argument and get the charge effectively tossed (you are still a long way out for that yet though)
Did you fax in your disclosure request? I haven't heard of a courthouse that accepts disclosure requests by email. Secondly, most of the time, they usually make you pick it up from the courthouse, so I'd send another request in and see if you get a response on that one.
Did you fax in your disclosure request? I haven't heard of a courthouse that accepts disclosure requests by email. Secondly, most of the time, they usually make you pick it up from the courthouse, so I'd send another request in and see if you get a response on that one.
You could ask the prosecutor to amend it to ''Drive with seat belt inoperative s. 106(1) w/ total payable $240.00'' at least it saves you some points, I have seen it done more than once.
You could ask the prosecutor to amend it to ''Drive with seat belt inoperative s. 106(1) w/ total payable $240.00'' at least it saves you some points, I have seen it done more than once.
Not sure if this applies to your situation or not but I remember a few years ago on the MTO website I read that you don't have to wear your seatbelt if you are making a certain number of stops and you don't exceed s certain speed. Check it out
Not sure if this applies to your situation or not but I remember a few years ago on the MTO website I read that you don't have to wear your seatbelt if you are making a certain number of stops and you don't exceed s certain speed. Check it out
There is an exemption under section 106(6)(c): "who is actually engaged in work which requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 kilometres per hour". So you would have to take the stand to prove the exemption...driving with a seat belt inoperative plea deal is done on a regular basis in some courts, depends on the prosecutor.
There is an exemption under section 106(6)(c): "who is actually engaged in work which requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 kilometres per hour". So you would have to take the stand to prove the exemption...driving with a seat belt inoperative plea deal is done on a regular basis in some courts, depends on the prosecutor.
I have my early resolution meeting at 14h00 today, how do I apply for an adjournment? Thank You,
screeech wrote:
It is up to you to make another request for your disclosure. You have to remain active in the disclosure pursuit. If there is not enough time between the time you get the disclosure and the court date, you may be able to get an adjournment to give you time to prepare your defence.
I have my early resolution meeting at 14h00 today, how do I apply for an adjournment?
Early Resolution is not a trial date so you don't need an adjournment. When you get to meeting, the prosecutor may or may not offer you a plea deal. I would recommend you just say something like "I would like some time to review disclosure before I decide what to do." The prosecutor may have disclosure ready for you at the meeting or may have to set in motion the process to get it for you. Most likely the prosecutor will also set the process in motion to set a trial date. Then usually when you show for your trial date you will have a chance to meet the prosecutor and if they previously offered you a plea deal they will probably still be willing to offer it to you again. The problem with accepting a plea deal or pleading guilty before you see disclosure is that you do not really know what the evidence against you is, so it is better to review the disclosure first before you decide what to do.
Early Resolution is not a trial date so you don't need an adjournment.
When you get to meeting, the prosecutor may or may not offer you a plea deal. I would recommend you just say something like "I would like some time to review disclosure before I decide what to do." The prosecutor may have disclosure ready for you at the meeting or may have to set in motion the process to get it for you.
Most likely the prosecutor will also set the process in motion to set a trial date. Then usually when you show for your trial date you will have a chance to meet the prosecutor and if they previously offered you a plea deal they will probably still be willing to offer it to you again.
The problem with accepting a plea deal or pleading guilty before you see disclosure is that you do not really know what the evidence against you is, so it is better to review the disclosure first before you decide what to do.
Thank you Will the prosector give me a copy of disclosure b/c I need to time to review it and make a defense.
jsherk wrote:
Early Resolution is not a trial date so you don't need an adjournment.
When you get to meeting, the prosecutor may or may not offer you a plea deal. I would recommend you just say something like "I would like some time to review disclosure before I decide what to do." The prosecutor may have disclosure ready for you at the meeting or may have to set in motion the process to get it for you.
Most likely the prosecutor will also set the process in motion to set a trial date. Then usually when you show for your trial date you will have a chance to meet the prosecutor and if they previously offered you a plea deal they will probably still be willing to offer it to you again.
The problem with accepting a plea deal or pleading guilty before you see disclosure is that you do not really know what the evidence against you is, so it is better to review the disclosure first before you decide what to do.
Thank you
Will the prosector give me a copy of disclosure b/c I need to time to review it and make a defense.
They may or may not have it ready at this meeting. I you ask for it, they have to get it for you. If they have it ready then they will probably give it to you then. If they don't have it ready, they will have to get it.
They may or may not have it ready at this meeting.
I you ask for it, they have to get it for you. If they have it ready then they will probably give it to you then. If they don't have it ready, they will have to get it.
I saw the justice today, I took your advice and mentioned I do not have sufficient time to prepare a defence. He provided me my disclosure in printed form, which I will make the effort to retype here: I was facing NB in lane 1 of Weber StN waiting for a red light at the intersection of Uni Ave E. I was several cars back of the stop line and perpendicular to the Weber St entrance to the Petro Canada gas station located at the SW corner of the intersection. To my left I observed a green toyota in SB lane 1 slow and make a right turn into gas station. From my vantage point at a range of approx 7m, I noticed the driver was not wearing a seat belt. I observed that the driver was wearing a white t shirt with a design on the front. I noticed that the chest portion of the t shirt was unobstructed by seatbelt straps, and as the car turned into the station I was also able to observe through the rear window, both straps of the seatbelt hanging parallel and vertical beside the drivers left shoulder and the buckle to the seatbelt was visible. There were no other motor vehicles in the SB direction and none in the left turn lane so my field of vision was unobstructed by any other car. When safe to do so I made a left turn into the gas station parking lot and approached the car. I informed the driver of my reason of the stop, to which the driver made a spontaneous utterance that he was pretty sure he had buckled his seatbelt. ....Overcast at the time of the offence, roads were bare and dry. As I served the Offence notice I had the driver fasten his seatbelt to ensure its proper functionality. As the seatbelt was properly worn I noticed that the brown seatbelt strap was visible and interrupted the chest portion of the white t shirt that was being worn by the driver. So what would be a good defence? I did honestly think I had my belt on! What about something on the lines of " I took my belt off as I was pulling into the station, b/c I was feeling sick".. ?
jsherk wrote:
Early Resolution is not a trial date so you don't need an adjournment.
When you get to meeting, the prosecutor may or may not offer you a plea deal. I would recommend you just say something like "I would like some time to review disclosure before I decide what to do." The prosecutor may have disclosure ready for you at the meeting or may have to set in motion the process to get it for you.
Most likely the prosecutor will also set the process in motion to set a trial date. Then usually when you show for your trial date you will have a chance to meet the prosecutor and if they previously offered you a plea deal they will probably still be willing to offer it to you again.
The problem with accepting a plea deal or pleading guilty before you see disclosure is that you do not really know what the evidence against you is, so it is better to review the disclosure first before you decide what to do.
I saw the justice today, I took your advice and mentioned I do not have sufficient time to prepare a defence.
He provided me my disclosure in printed form, which I will make the effort to retype here:
I was facing NB in lane 1 of Weber StN waiting for a red light at the intersection of Uni Ave E. I was several cars back of the stop line and perpendicular to the Weber St entrance to the Petro Canada gas station located at the SW corner of the intersection. To my left I observed a green toyota in SB lane 1 slow and make a right turn into gas station. From my vantage point at a range of approx 7m, I noticed the driver was not wearing a seat belt. I observed that the driver was wearing a white t shirt with a design on the front. I noticed that the chest portion of the t shirt was unobstructed by seatbelt straps, and as the car turned into the station I was also able to observe through the rear window, both straps of the seatbelt hanging parallel and vertical beside the drivers left shoulder and the buckle to the seatbelt was visible. There were no other motor vehicles in the SB direction and none in the left turn lane so my field of vision was unobstructed by any other car.
When safe to do so I made a left turn into the gas station parking lot and approached the car. I informed the driver of my reason of the stop, to which the driver made a spontaneous utterance that he was pretty sure he had buckled his seatbelt.
....Overcast at the time of the offence, roads were bare and dry. As I served the Offence notice I had the driver fasten his seatbelt to ensure its proper functionality. As the seatbelt was properly worn I noticed that the brown seatbelt strap was visible and interrupted the chest portion of the white t shirt that was being worn by the driver.
So what would be a good defence? I did honestly think I had my belt on!
What about something on the lines of " I took my belt off as I was pulling into the station, b/c I was feeling sick"..
I would suggest you not to lie in court. Perjury is a serious offense (Criminal) and frankly isn't worth losing a few points. It looks like the officer has a pretty air tight disclosure, mentioning your shirt colour, making you re-fasten your seat belt. I would honestly take any plea deal they offer.
I would suggest you not to lie in court. Perjury is a serious offense (Criminal) and frankly isn't worth losing a few points. It looks like the officer has a pretty air tight disclosure, mentioning your shirt colour, making you re-fasten your seat belt. I would honestly take any plea deal they offer.
Great notes by the cop. Even if you do take the stand and say you took off the seat belt when you entered the gas station, the officer saw you on the highway without it on. 2 points if convicted...if they offer the seat belt inoperative deal, you may want to seriously consider that, 0 points.
Great notes by the cop. Even if you do take the stand and say you took off the seat belt when you entered the gas station, the officer saw you on the highway without it on. 2 points if convicted...if they offer the seat belt inoperative deal, you may want to seriously consider that, 0 points.
"I noticed the driver was not wearing a seat belt.......<snip>.... I informed the driver of my reason of the stop..." I remember hearing a looong time ago that "seat belts" were "secondary offences" Anyone remember that? Did the law get changed? Maybe I'm dating myself.
"I noticed the driver was not wearing a seat belt.......<snip>.... I informed the driver of my reason of the stop..."
I remember hearing a looong time ago that "seat belts" were "secondary offences" Anyone remember that? Did the law get changed? Maybe I'm dating myself.
I'd second that. These are some of the best notes i've seen on this forum.
tryingtoimprove wrote:
From my vantage point at a range of approx 7m, I noticed the driver was not wearing a seat belt. I observed that the driver was wearing a white t shirt with a design on the front. I noticed that the chest portion of the t shirt was unobstructed by seatbelt straps, and as the car turned into the station I was also able to observe through the rear window, both straps of the seatbelt hanging parallel and vertical beside the drivers left shoulder and the buckle to the seatbelt was visible.
screeech wrote:
Great notes by the cop.
I'd second that. These are some of the best notes i've seen on this forum.
I'd second that. These are some of the best notes i've seen on this forum. Ok so do I have any defence? Plead guilty to wearing a seatbelt?
bend wrote:
tryingtoimprove wrote:
From my vantage point at a range of approx 7m, I noticed the driver was not wearing a seat belt. I observed that the driver was wearing a white t shirt with a design on the front. I noticed that the chest portion of the t shirt was unobstructed by seatbelt straps, and as the car turned into the station I was also able to observe through the rear window, both straps of the seatbelt hanging parallel and vertical beside the drivers left shoulder and the buckle to the seatbelt was visible.
screeech wrote:
Great notes by the cop.
I'd second that. These are some of the best notes i've seen on this forum.
Ok so do I have any defence? Plead guilty to wearing a seatbelt?
I do not think you do have a valid defence, that is why I say you should consider any deal the prosecutor is willing to give. Some prosecutors will let you plead to inoperative seat belt, and some won't.
I do not think you do have a valid defence, that is why I say you should consider any deal the prosecutor is willing to give. Some prosecutors will let you plead to inoperative seat belt, and some won't.
I have never heard of anything being a secondary offence. I am guessing you mean if the cops stop you for a primary type offence, then you can lay a secondary? in this case, that being the seat belt...if I am correct then, no, it is not a secondary offence, but then again, there are none in the HTA. I think the only secondary type thing in the HTA is secondary means of attachment, for trailers, which is also a primary type charge. Please correct me if I am wrong.
I have never heard of anything being a secondary offence. I am guessing you mean if the cops stop you for a primary type offence, then you can lay a secondary? in this case, that being the seat belt...if I am correct then, no, it is not a secondary offence, but then again, there are none in the HTA. I think the only secondary type thing in the HTA is secondary means of attachment, for trailers, which is also a primary type charge. Please correct me if I am wrong.
There is always a defence! Whether you can win or not is another story. If you take the stand and testify this will most likely make your case worse, so you probably don't want to do that. The officers notes (which is what he will testify) are about as perfect as they could be, so you will have a hard time bringing reasonable doubt to them on cross-examination. The one area you could attempt is cross-examination on officers independent recollection of the event. The other area is to show you were compelled to give your drivers license because the law requires you too, and that you did not give it voluntary and therefore the information used to create the ticket should not be admissable. Both of these methods require somebody with some good knowledge of how court/trial work and most people would not win with either of these techniques. Most likely taking a plea deal will be better for you.
There is always a defence! Whether you can win or not is another story.
If you take the stand and testify this will most likely make your case worse, so you probably don't want to do that.
The officers notes (which is what he will testify) are about as perfect as they could be, so you will have a hard time bringing reasonable doubt to them on cross-examination.
The one area you could attempt is cross-examination on officers independent recollection of the event. The other area is to show you were compelled to give your drivers license because the law requires you too, and that you did not give it voluntary and therefore the information used to create the ticket should not be admissable. Both of these methods require somebody with some good knowledge of how court/trial work and most people would not win with either of these techniques. Most likely taking a plea deal will be better for you.
It's hard enough to defend this charge with bad notes, let alone ones that are just shy of making note of what song you were listening to. There's no harm in hearing an offer (if any) from the prosecutor, but I don't think i'd brush them off for a full blown trial. Let's ignore the fact that you'd be lying when you say you were sick so you had to take off your belt. I don't even know how far that would get you even if you were telling the truth. That being said, the officers notes are so good that there's no mention of you being sick. He does however mention you were not exactly aware of your belt situation. Had you been sick and taken off your belt, it would have been brought up at the time and not several months later. While it's not an absolute liability offense, I don't believe the tummy ache defense is going to fly. Either you'd be sick enough to pull over and discontinue driving, or you'd be sick enough to drive to the nearest hospital.
tryingtoimprove wrote:
Ok so do I have any defence? Plead guilty to wearing a seatbelt?
It's hard enough to defend this charge with bad notes, let alone ones that are just shy of making note of what song you were listening to.
There's no harm in hearing an offer (if any) from the prosecutor, but I don't think i'd brush them off for a full blown trial.
Let's ignore the fact that you'd be lying when you say you were sick so you had to take off your belt. I don't even know how far that would get you even if you were telling the truth. That being said, the officers notes are so good that there's no mention of you being sick. He does however mention you were not exactly aware of your belt situation. Had you been sick and taken off your belt, it would have been brought up at the time and not several months later. While it's not an absolute liability offense, I don't believe the tummy ache defense is going to fly. Either you'd be sick enough to pull over and discontinue driving, or you'd be sick enough to drive to the nearest hospital.
The one area you could attempt is cross-examination on officers independent recollection of the event. The other area is to show you were compelled to give your drivers license because the law requires you too, and that you did not give it voluntary and therefore the information used to create the ticket should not be admissable.
Agreed with the eye roll. You'd be laughed out of court trying you say that any identification should be thrown out of court because you were compelled to give your drivers license. Jsherk had given some good advice in the past but appears to be becoming more and more 'out there'. From counseling offers to counseling purgery to recommending a Supreme Court level Charter argument. Wow !
Agreed with the eye roll. You'd be laughed out of court trying you say that any identification should be thrown out of court because you were compelled to give your drivers license. Jsherk had given some good advice in the past but appears to be becoming more and more 'out there'. From counseling offers to counseling purgery to recommending a Supreme Court level Charter argument. Wow !
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
With regards to the purgery statement I addressed that in the other thread when I said: "It has not been my intention to offer any advice that is illegal or perceived as illegal. I will try to be more diligent in the future and consider my answers more carefully to avoid this." Now the op asked for possible defenses, which I offered, none of which are illegal. And at the end of my advice I said: "Most likely taking a plea deal will be better for you." So you may not like or agree with my opinion/advice about compelled evidence (which includes handing over driver's license), but it is valid. These are all cases that support compelled evidence being thrown out: R. v. Slopek 1974 OJ No 826 R. v. Soules, 2011 ONCA 429 R. v. Grant, [2009] 2 SCR 353, 2009 SCC 32 R. v. White, [1999] 2 SCR 417, 1999 SCC 689 R. v. Dick, 1947 CanLII 12 (ON CA) R. v. Barrett, 1993 CanLII 3426 (ON CA) R. v. Moore-McFarlane, 2001 ONCA R. v. Sabri, 2002 ONCA R. v. Panko, 2010 ONCA 660 Horvath v. The Queen, [1979] 2 SCR 376, 1979 CanLII 16 (SCC) R. v. Hodgson, [1998] 2 SCR 449, 1998 SCC 798 R. v. Oickle, [2000] 2 SCR 3, 2000 SCC 38 Just a few excerpts: Paragraph [90] of R. v. Grant, [2009] 2 SCR 353, 2009 SCC 32 [90] This case concerns s. 24(2). However, it is important to note at the outset that the common law confessions rule, quite apart from s. 24(2), provides a significant safeguard against the improper use of a statement against its maker. Where a statement is made to a recognized person in authority, regardless of whether its maker is detained at the time, it is inadmissible unless the Crown can establish beyond a reasonable doubt that it was made voluntarily. Only if such a statement survives scrutiny under the confessions rule and is found to be voluntary, does the s. 24(2) remedy of exclusion arise. Most commonly, this will occur because of added protections under s. 10(b) of the Charter. Paragraph [9] of R. v. Slopek 1974 OJ No 826 [9] It should be pointed out that this Court affirmed the judgment of Mr. Justice Addy only insofar as it held that a statement made by the driver at the scene of the accident with respect to his having the care, control or the car, was not automatically admissible by virtue of the statutory obligation imposed upon him, but that it was necessary to prove such statement was not otherwise involuntary. In giving judgment Jessup, J.A. speaking for the Court said: "I would dismiss the appeal on the sole ground that I am of the opinion that the existence of a statutory duty under section 233 of the Criminal Code does not dispense with the onus upon the Crown to establish a statement made pursuant to that section was not otherwise involuntary. I do not wish to be taken as accepting otherwise the reasons which Addy, J.'s judgment proceeded." Paragraphs [40],[42],[43] of R. v. Soules, 2011 ONCA 429 [40] In Powers, the majority referred to Orbanski/Elias and held that White was determinative of the issue. That is, statutorily compelled statements were not admissible for any purpose including for the purpose of establishing reasonable grounds: Powers at para. 38. It is this portion of Powers that the Crown contends cannot be correct. [42] I disagree. The Crowns reliance on Thomsen and other like cases is misplaced, and for a very noteworthy reason: the questioning by police in those cases does not involve compelled answers. In each of them the motorist can refuse to answer if he or she chooses; they are not forcefully enlisted in aid of their own prosecution. For example, in the case of a breath demand made by a police officer pursuant to s. 254(5) of the Criminal Code, the motorist is legally obligated to comply with the demand; nevertheless, s. 7 continues to furnish him or her with the right to choose whether or not to speak with the police – a choice statutory compulsion clearly eradicates. There is absolutely no legal compulsion to speak or provide information in any of the cases cited. [43] In the result, Powers was correct to hold that White was determinative of the issue. The statutorily compelled admission from Mr. Soules in our case is not admissible for the purpose of establishing grounds for making either the ASD or the breath demand. Indeed, as Iacobucci J. made clear in White at para. 70: "The protection afforded by the principle against self- incrimination doesnot vary based upon the relative importance of the self-incriminatory information sought to be used. If s. 7 is engaged by the circumstances surrounding the admission into evidence of a compelled statement, the concern with self-incrimination applies in relation to all of the information transmitted in the compelled statement. Section 7 is violated and that is the end of the analysis, subject to issues relating to s. 24(1) of the Charter."
bend wrote:
argyll wrote:
Agreed with the eye roll. You'd be laughed out of court trying you say that any identification should be thrown out of court because you were compelled to give your drivers license. Jsherk had given some good advice in the past but appears to be becoming more and more 'out there'. From counseling offers to counseling purgery to recommending a Supreme Court level Charter argument. Wow !
With regards to the purgery statement I addressed that in the other thread when I said: "It has not been my intention to offer any advice that is illegal or perceived as illegal. I will try to be more diligent in the future and consider my answers more carefully to avoid this."
Now the op asked for possible defenses, which I offered, none of which are illegal. And at the end of my advice I said: "Most likely taking a plea deal will be better for you."
So you may not like or agree with my opinion/advice about compelled evidence (which includes handing over driver's license), but it is valid. These are all cases that support compelled evidence being thrown out:
R. v. Slopek 1974 OJ No 826
R. v. Soules, 2011 ONCA 429
R. v. Grant, [2009] 2 SCR 353, 2009 SCC 32
R. v. White, [1999] 2 SCR 417, 1999 SCC 689
R. v. Dick, 1947 CanLII 12 (ON CA)
R. v. Barrett, 1993 CanLII 3426 (ON CA)
R. v. Moore-McFarlane, 2001 ONCA
R. v. Sabri, 2002 ONCA
R. v. Panko, 2010 ONCA 660
Horvath v. The Queen, [1979] 2 SCR 376, 1979 CanLII 16 (SCC)
R. v. Hodgson, [1998] 2 SCR 449, 1998 SCC 798
R. v. Oickle, [2000] 2 SCR 3, 2000 SCC 38
Just a few excerpts:
Paragraph [90] of R. v. Grant, [2009] 2 SCR 353, 2009 SCC 32
[90] This case concerns s. 24(2). However, it is important to note at the outset that the common law confessions rule, quite apart from s. 24(2), provides a significant safeguard against the improper use of a statement against its maker. Where a statement is made to a recognized person in authority, regardless of whether its maker is detained at the time, it is inadmissible unless the Crown can establish beyond a reasonable doubt that it was made voluntarily. Only if such a statement survives scrutiny under the confessions rule and is found to be voluntary, does the s. 24(2) remedy of exclusion arise. Most commonly, this will occur because of added protections under s. 10(b) of the Charter.
Paragraph [9] of R. v. Slopek 1974 OJ No 826
[9] It should be pointed out that this Court affirmed the judgment of Mr. Justice Addy only insofar as it held that a statement made by the driver at the scene of the accident with respect to his having the care, control or the car, was not automatically admissible by virtue of the statutory obligation imposed upon him, but that it was necessary to prove such statement was not otherwise involuntary. In giving judgment Jessup, J.A. speaking for the Court said: "I would dismiss the appeal on the sole ground that I am of the opinion that the existence of a statutory duty under section 233 of the Criminal Code does not dispense with the onus upon the Crown to establish a statement made pursuant to that section was not otherwise involuntary. I do not wish to be taken as accepting otherwise the reasons which Addy, J.'s judgment proceeded."
Paragraphs [40],[42],[43] of R. v. Soules, 2011 ONCA 429
[40] In Powers, the majority referred to Orbanski/Elias and held that White was determinative of the issue. That is, statutorily compelled statements were not admissible for any purpose including for the purpose of establishing reasonable grounds: Powers at para. 38. It is this portion of Powers that the Crown contends cannot be correct.
[42] I disagree. The Crowns reliance on Thomsen and other like cases is misplaced, and for a very noteworthy reason: the questioning by police in those cases does not involve compelled answers. In each of them the motorist can refuse to answer if he or she chooses; they are not forcefully enlisted in aid of their own prosecution. For example, in the case of a breath demand made by a police officer pursuant to s. 254(5) of the Criminal Code, the motorist is legally obligated to comply with the demand; nevertheless, s. 7 continues to furnish him or her with the right to choose whether or not to speak with the police – a choice statutory compulsion clearly eradicates. There is absolutely no legal compulsion to speak or provide information in any of the cases cited.
[43] In the result, Powers was correct to hold that White was determinative of the issue. The statutorily compelled admission from Mr. Soules in our case is not admissible for the purpose of establishing grounds for making either the ASD or the breath demand. Indeed, as Iacobucci J. made clear in White at para. 70: "The protection afforded by the principle against self- incrimination doesnot vary based upon the relative importance of the self-incriminatory information sought to be used. If s. 7 is engaged by the circumstances surrounding the admission into evidence of a compelled statement, the concern with self-incrimination applies in relation to all of the information transmitted in the compelled statement. Section 7 is violated and that is the end of the analysis, subject to issues relating to s. 24(1) of the Charter."
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
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I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…