Ontario Highway Traffic Act

Be sure to use the French Language Services Act defence as part of your overall defence game plan.

http://www.ontariohighwaytrafficact.com/topic1183.html

I respectfully disagree.

There are three lanes going in the same direction.

Section 159.1(2) addresses drivers in the same lane as the emergency vehicle, and it addresses drivers in the lane adjacent to the emergency vehicle.

Those in the same lane are required to move to another lane, (the part I left in because bondra12 was in the same lane ...

bondra12 - you state it is a three lane street. Is the middle lane a turning lane? or three lanes going in one direction and three lanes going in the opposite direction?

You state the cop had someone pulled over in the right lane, you moved to the middle lane and didn't go into the left lane, so am I right, there are three lanes going in one ...

Include the French Language Services Act defence in your arguent when you fight the ticket in court.

http://www.ontariohighwaytrafficact.com/topic1183.html

Shelby, it's not a silly law at all. Your friend is 100% correct, so do not plead guilty, plead not guilty but make sure the sign is in fact not in French and English.

Read these two links.

http://www.ontariohighwaytrafficact.com/topic1183.html

http://www.yourbestdefence.com/illegal_ ... _case.html

Just read a case on disclosure yesterday.

Read it and all the referenced cases therein.

http://www.canlii.org/en/on/oncj/doc/2009/2009oncj307/2009oncj307.html

You can also request under the POA s. 111 (2) that the fine not be paid until the appeal is heard and decided.


POA

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33 ...

Breaking new ground interests me, but it's very time consuming. No lower court will support a citzen or s. 172 would already be history. Getting to the Supreme Court takes up to 7 years!!

And the lower courts know it, which is why they walk all over us.

They know next to no one will fight that long.

All the other issues I raise, s. 172, RIDE ...

In my view, the reason the cases go unreported is because itll turn the entire justice system upside down. Can you imagine how much it would cost the entire province to change every sign and street sign into a bilingual sign?

It will also require every cop to be bilingual.

The government doesn't want people to know about this law or argument, so ...

The courts in Ottawa are in Ontario. I realize they can reject the defence but the Supreme Court cannot. I doubt the court of appeal would either.

It's the law, whether they like it or not.

The cost of implementing a law is has no bearing on whether its a valid law. The government knew what it would cost when the enacted it.

If someone ...

Read my comments on the following link. They apply to you in your case.

http://www.ontariohighwaytrafficact.com/topic1183.html

It doesnt appear to me that demerit points must be posted on the certificate or summons unless the certificate and summons has a spot on it to indicate demerit points are involved.

Bear in mind that not all charges involved points.

The certificate must set out the charge under ss. 13 and/or 25 of the POA.

http://www.e-laws.gov.on.ca/html ...

The French Language Service Act (FLSA) requires all services and procedures to be in both languages. It applies to ALL communications. If the part of the certificate or notice of offence that the cop fills in is not in both languages it doesn't pass the smell test.

Municipalities must pass by-laws in order for the bilingual thing to apply on ...

You're leaving Ottawa but what community were you in when you got the ticket?

Did the cop speak to you in both French and English?

You're charged under s. 128. They cannot impound your car even on conviction.

You're facing a fine of $9.75 for each kilometre per hour that you were over the speed limit, thus $507 plus some surcharges.

But, do not plead guilty.

When the cop stopped you, did he speak to you in both French and English?

Where the cop filled in the ticket parts ...

If it were me, I would advise the impound facility owner to return my property for free immediately and if he refuses to I would place him under arrest for possession of stolen property, mischief and fraud or false pretences.

If I were to sue, I would sue the Provincial Liberal Party, not the Crown in Right of Ontario. Or maybe both.

The Liberal ...