Search found 68 matches

by Lawman
Sun Jul 12, 2009 9:31 am
Forum: General Talk
Topic: TRAFFIC STOPS providing ID
Replies: 32
Views: 15223

Re: TRAFFIC STOPS providing ID

You can sue the cop for false arrest and negligent investigation.

The police are not immune from liability under the law of negligence and the tort of negligent investigation exists in Canada.

http://scc.lexum.umontreal.ca/en/2007/2007scc41/2007scc41.html


You can also file a complaint against him under s. 56 of the Police Service Act.

http ...
by Lawman
Sun Jul 12, 2009 8:46 am
Forum: General Talk
Topic: Charter of rights violated?
Replies: 5
Views: 3299

Re: Charter of rights violated?

Motions use rule 37 of the rules of court. Motions use Form 37A.

Follow rule 4 when creating your court documents.

Rules are on the link below

http://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest/rro-1990-reg-194.html


Fill in the details on the motion form below.

http://www.ontariocourtforms.on.ca/forms/civil/37a/RCP_E_37A_0707.doc ...
by Lawman
Sat Jul 11, 2009 10:50 am
Forum: General Talk
Topic: Impaired boating
Replies: 19
Views: 5287

Re: Impaired boating

The police get the power to stop vessels under the Canada Shipping Act, and Small Vessel Regulations.

http://laws.justice.gc.ca/en/ShowFullDoc/cs/C-10.15//20090707/en

Objectives of Act

6. The objectives of this Act are to

(a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine ...
by Lawman
Fri Jul 10, 2009 6:58 pm
Forum: Racing
Topic: Case Law Update
Replies: 24
Views: 17818

Re: Case Law Update

Everything about s. 172 is flawed.

And getting back to s. 214.1(7) for a second, if you drive a car with someone in your trunk under s. 172 you get a minimum $2,000 fine.

If you do it in a community zone, you get a minimum $4,000 fine under s. 214.1(7).

Complete comedy.

So if you do it on the 401 at 110-150kph (high speeds) you get a $2,000 ...
by Lawman
Fri Jul 10, 2009 6:19 pm
Forum: General Talk
Topic: "G1 unaccompanied by qualified driver"
Replies: 5
Views: 17764

Re: "G1 unaccompanied by qualified driver"

Here's the regulation. I didn't read it all. You should.

What I saw though was that you needed a friend with you who is at least a class G. Your friend was a class G2.

Novice Licence Conditions

5. (1) The holder of a Class G1 drivers licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G drivers ...
by Lawman
Fri Jul 10, 2009 5:28 pm
Forum: Racing
Topic: Case Law Update
Replies: 24
Views: 17818

Re: Case Law Update

I know this and I agree. I was just pointing out the oversight. They wrote the law and can't even get the heading correct.

Subsection (7) also adds an additional penalty, as your permit can also be suspended.
by Lawman
Fri Jul 10, 2009 2:48 pm
Forum: Racing
Topic: Case Law Update
Replies: 24
Views: 17818

Re: Case Law Update

More oversights by the great Dalton McGuilty.

Under s. 128, if you get caught speeding 50 kph over in a community safety zone or construction zone, you pay double the fine set out in clause 128 (14) (d) for each kilometre per hour that was driven over the speed limit.

If you get caught 50 kph over under s 172, you don't pay double.

The title ...
by Lawman
Fri Jul 10, 2009 2:28 pm
Forum: Racing
Topic: Case Law Update
Replies: 24
Views: 17818

Re: Case Law Update

Dumbass Award goes to JP Michael Frederiksen

http://www.canlii.org/en/on/oncj/doc/20 ... ncj48.html

The intent, wording and structure of the provisions of S. 172 of the Highway Traffic Act make the offence one of strict liability.

I say;

Since when do the words "an intention to" create a strict liabiltiy offence?
by Lawman
Fri Jul 10, 2009 2:13 pm
Forum: Racing
Topic: Case Law Update
Replies: 24
Views: 17818

Re: Case Law Update

And the dumbass award goes to... JP M. Coopersmith


http://www.canlii.org/eliisa/highlight.do?text=care+and+control+over+.08&language=en&searchTitle=Ontario+-+Ontario+Court+of+Justice&path=/en/on/oncj/doc/2009/2009oncj153/2009oncj153.html

"The police officer was asked why he chose to charge the defendant under s.172, as opposed to s.128 of the ...
by Lawman
Fri Jul 10, 2009 7:10 am
Forum: Racing
Topic: Case Law Update
Replies: 24
Views: 17818

Re: Case Law Update

One more for the dumbass club.

BROWN, J.P.

http://www.canlii.org/eliisa/highlight.do?text=hta+s.+159&language=en&searchTitle=Ontario+-+Ontario+Court+of+Justice&path=/en/on/oncj/doc/2009/2009oncj185/2009oncj185.html

"I will now proceed to an analysis of Section 172 in combination with the Regulation, taking into account those factors as ...
by Lawman
Fri Jul 10, 2009 1:23 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Going 50km over in an 80
Replies: 28
Views: 19950

Re: Going 50km over in an 80

kimbax0x in my opinion, you do not want you case heard until six months after the date you were issued the infraction. You were issued a ticket under Part I of the Provincial Offences Act. If your case is heard before the 6 month period, the court can agree with you that the text the cop added to the certificate and summons was to be in both ...
by Lawman
Thu Jul 09, 2009 3:32 pm
Forum: General Talk
Topic: R.I.D.E. Programs are illegal
Replies: 9
Views: 22428

Re: R.I.D.E. Programs are illegal

The RIDE program is the worst tool in the tool box.

First, many (not all) RIDE programs are held on long weekends. The cops are getting paid overtime.

Second, a driver has no obligation to answer any questions once stopped. He is obligated to only provide his drivers licence, ownership and insurance. You can produce the documents without saying ...
by Lawman
Thu Jul 09, 2009 12:55 pm
Forum: General Talk
Topic: Child restraint system / booster seat
Replies: 1
Views: 1697

Re: Child restraint system / booster seat

There was a big story on booster seat a little while ago in the media. Apparently the seats are not safe and the government knew it and concealed the information. Youll have to do a Google search to dig deeper on the story. I didnt follow it but recall hearing about it.
by Lawman
Thu Jul 09, 2009 12:34 pm
Forum: General Talk
Topic: Taking the wrap for someone else!!
Replies: 4
Views: 1940

Re: Taking the wrap for someone else!!

You can win the argument that RIDE programs are illegal under the Canadian Bill of Rights but I dont see it helping you in this case. The Canadian Bill of Rights only applies to federal laws. All of the charges you are facing are provincial charges. The Canadian Bill of Rights does not apply in this case.

Had you been charged with impaired, it ...
by Lawman
Thu Jul 09, 2009 10:27 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Correction for posting, is this law 6 years old
Replies: 65
Views: 38798

Re: Correction for posting, is this law 6 years old

I agree with your scenario, but Bondra12 said it wasnt safe to move into the left most lane from the middle lane. The law doesn't require drivers do it at any cost, it only requires it to be done if it can be done safety.

The cop says it was safe to do. Why was the cop watching what Bondra12 was doing and watching the traffic in the third lane ...