Ontario Highway Traffic Act

How can they be neither civil nor criminal?

They have to be one or the other don't they?

Are HTA offences considered civil or criminal?

I know they use the term quasi-criminal but not sure exactly what that means.

For example driving while talking on cell phone is not a criminal offence so does that mean its considered a civil procedure?

Thanks

Hi

Not sure of the proper terminology, but is it possible to prove the Officers notes are not accurate and have them thrown out?

For example, if the offence notice has additional information on it that is not necessarily required, yet is incorrect (wrong make/model of vehicle), and after requesting disclosure, I noticed the officers notes also ...

So on the ticket, at the bottom of the section where it says CONTRARY TO , he wrote in whatever highway traffic act and section and then there was some right above where he you write the plate number and he wrote
1994 PONT GRN SF

And then I requested disclosure and got a copy of the officers notes and in his notes he wrote:
1994 Green Pontiac ...

I understand that the officer writing down the wrong vehicle type (says 1994 Sunfire instead of Sunbird) is not a fatal error, and if brought it up at trial the Justice can just change it and fix it.

If I hypothetically already have a trial date set, can I force a fatal error by not showing up for the trial, and then making an appeal based on an ...

I guess I am looking for more specific information... for example, when was the bill read, and when was the HTA given Royal Assent?

And is the HTA (and any other act or statute) given authority based on the Canadian Constitution?

Thanks

Just wondering where the HTA gets its authority from, and how to look up and trace it.

If anybody knows, please share!

Thanks

Okay, so just to confirm, I got copy of original from Court House and it says Certificate of Offence.

So the original that the police keep and file with the court is Certificate of Offence, and the copy the police give you is the Notice of Offence.

Hi

I have a few questions for a hypothetical situation, lets say I got a ticket for talking on cell phone while driving in Ontario:

(1) If I want to file a motion to dismiss, do I need to first request a trial date and then after trial date is issued I would then file the motion? Or can I just file the motion right away and not worry about ...

Ok thanks.. that makes sense.

When I called the court today and asked if the Certificate of Offence was filed yet, they seemed like they did not know what I was talking about and said they "had the original" ... the original would be a Notice of Offence as well since mine is just a copy (and it specifically says right on it Notice of Offense).

So does the officer file ...

Ok, so got a "ticket" for talking on my cell phone while driving.

I noticed that the "ticket" is a Notice of Offence which is different from a Certificate of Offence.

QUESTION #1
What is a Certificate of Offence and what's its prupose?

QUESTION #2
When is a Certificate of Offence issued?

Is it issued immediately after they receive the ...