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Ontario Highway Traffic Act

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Re: Speeding charge - Do I qualify for 11(b) - Need advice
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PostPosted: Fri May 23, 2014 1:53 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
holiday_mazda wrote:
is it still required under case law that there is documentation that the unit was tested after being pulled over? you'd think the officer would just say he did test the unit afterwards and that would be the end of it then, even though the notes did not mention any testing afterwards?
http://www.ontariohighwaytrafficact.com/topic1909-15.html#p30553
orcrowing wrote:
trenchknife wrote:
He does not need to provide the calibration certificate. He tested it, in his opinion, it was operating properly. That's all he needs to prove. If you wish to prove it was NOT operating properly, it is up to YOU to prove that.


Isn't that burden of proof backwards? My understanding (admittedly limited) of Ontario law is that the accused is innocent until proven guilty beyond all reasonable doubt - shouldn't this mean that the burden to prove or disprove something is never on the accused, and that the accused needs only cast reasonable doubt? Is the burden or responsibility of proof different under the HTA?
By your own words, you're saying the crown needs to prove speeding beyond a reasonable doubt and not without a shadow of a doubt (any doubt).


Doing a quick Google Search I have found calibration certificates that were issued by a laser manufacturer.

http://www.safetycamera.org/Content/fil ... _12_13.pdf
http://www.safetycamera.org/Content/fil ... _09_12.pdf

If you look at the manufacturer's calibration test, it's exactly the same as the one the officer performs before and after his shift. So if the device passes the officer's daily test, then it would be in agreement with the calibration certificate.

I've stated earlier in this thread, that these calibration certificates are not necessarily in the possession of the either the prosecutor nor the individual officer. It's something that has to be requested through a Freedom of Information Request, and even then the defendant will most likely have to appeal. I've yet to read a decision where a calibration certificate has been disclosed.

Toronto Police Services Board (Re), 2004 CanLII 56313 (ON IPC): http://canlii.ca/t/1r1fc
Toronto Police Services Board (Re), 2006 CanLII 50669 (ON IPC): http://canlii.ca/t/1qvqx
Peel Regional Police Services Board (Re), 2008 CanLII 1829 (ON IPC): http://canlii.ca/t/1vhk5


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