Ontario Highway Traffic Act

You should get the officer to testify as to what he saw. Then ask him or her to describe the signage and road markings. Bring four copies of Regulation 620/05 (the HOV Regulation made under the HTA): one for the officer, one for the JP, one for the prosecutor and one for you to use. Ask the officer if you were on any of the highways specified in ...

I agree entirely with everything you've said, as do commentators whose opinions I've read. The problem that everyone seems to acknowledge, however, is that the Jordan decision is silent when it comes to matters other than criminal matters. Legal experts seem to agree that it may take another SCC ruling to create a ceiling for non-criminal matters ...

You have to pick up the Notice of Appeal at the courthouse. You may find this guide helpful: http://www.ontariocourts.ca/ocj/files/g ... ppeals.pdf

You may be right. It's a completely different ballgame if the OP shows up having been charged under a provincial act and sees the charge changed to one under a federal act. Perhaps one of our "resident" experts could chime in.

Yes they can.

You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months.

If I were in your position, I wouldn't show up for trial. If the JP catches the ...

The charge probably should have been under s.4(1) of the NCCTPR. That subsection requires a driver to drive "in compliance with the laws of the province and the municipality in which the driveway is situated." That wording requires drivers to comply with the Ottawa by-law that governs the 3+ HOV lane on the bridge. HTA s.154.1 only deals with ...

I agree. You've been charged with the wrong offence; you should have been charged under an Ottawa by-law. 3+ HOV lanes are municipal, not provincial, and carry different restrictions and fines.

highwaystar wrote:The court expressly stated that an officer can amend the Certificate of Offence before filing it.

Before, yes, but certainly not after. If I were the OP, I would assume the officer did not amend the CO before filing it. But, then again, we all know what happens when we assume.

Is it possible the officer may have amended his copy and the JP accepted it ? Maybe JP ruled it would prejudice your defence ? Interested to know what happens. I'm not aware of any case law, but, according to my understanding of the POA, that's not an option. If subsection 9(1) or section 9.1 applies, the JP examines the Certificate of Offence ...

Question regarding "format approved by the superintendent". My Insurance slip expired a couple months ago, and I did not receive the updated slips, so I called my insurance company and they emailed me a valid slip, which I printed out. Would this be sufficient enough, or does this technically not count as an approved format? That should be fine ...

Same here.

The trial has been set for July 17. I've requested disclosure; I'll keep you posted.

Bring the permit with you to show it was not expired. The prosecutor should withdraw that charge. As for the video, you'll have to wait until the trial date to see what the prosecutor does. Be prepared for one of the scenarios I described.

You certainly won't get the charges thrown out. Was your permit expired? If not, bring it on the date of the trial and show the prosecutor it had been issued before the day the officer stopped you. The prosecutor should withdraw that charge at that point. As for the right turn charge, it's up to you to show the officer lacks credibility. A JP will ...