Ontario Highway Traffic Act

No.

A plead deal prior to trial prevents the evidence from be heard by a Justice in a judicial proceeding.

Evidence that is used in a proceeding must be real evidence, not fabricated.

If the Crown were to even orally misreprent to justice in a proceeding that the driver was doing 90 when he or she knew they were doing 120 the Crown can be ...

PetitionGuy, I forgot to post the info I promised you after we spoke. I have now posted it and you can find it in the Letter to Ontaro Legisature thread.

Sorry for my delay.

The purpose of the HTA is to ensure the privilege of driving on a highway is granted to, and retained by, only those persons who demonstrate that they are likely to drive safely; and that full driving privileges are granted only after new drivers have gained the necessary experience, as articulated under s. 31.

Section 48.3(10) states it is ...

This law is just another lame excuse for a cop to stop you. If he sees your head looking down towards your lap he can stop you with the assumption that you were texting on a crackberry in your lap.

I agree with banning cell phone use, though.

A sign is not a traffic control signal. A sign is articulated under s. 144(9), for which you were charged. You drove through a yellow on a traffic control signal system. A traffic control signal system is defined in s. 133.

You should've been charged under ss. 144(15) or 144(18).

You cannot be convicted for something you did not do. You did not ...

The HTA is a quasi-criminal statute and the owner of a vehicle can be charged with an offence even if he is not the driver at the time the offence occurred. This is evidenced under many sections, including speeding tickets if photo radar returns. See s. 207 below.

This also occurs for parking tickets, wherein the owner of the vehicle is liable ...

Excellent point, CT.

Funny story.

It claims a New Jersey driver had his charged dismissed because a Zamboni isn't a motor vehicle. Under our Criminal Code , however, it meets the definition of a motor vehicle. Section 253 is not restricted to highways, either. Therefore, this is a valid charge and I'm betting she'll be convicted.

But since impaired operation of a ...

Hello,

I contacted an outfit in Ontario and this is the reply that I got.

If it has not yet been filed then you are home and free as the officer has seven days to file his copy.

Although you should be aware that the officer also has up to six months to re-lay the charge under a Part 3.


The Charter is part of the Constitution and any ...

Just got a ticket - 120km in a 90 km -- that one KM extra doubles my fine and give an extra point.

This was a speed trap - going from 100 down to 90 - with one officer on the bridge and several cruisers waiting to pull people over. I'm not sure if they were using radar or laser as the officer came to my passanger side to avoid traffic and I ...

Every law must have a purpose, commonly known as it pith and substance. This one is allegedly to promote safety on Ontario's roads and protect youth from preventable injuries.

How does this law exactly promote safety or protect youth from preventable injuries?

In my city, these same youths are prohibited from riding their skateboards on the ...

FORM 4F

Courts of Justice Act

NOTICE OF CONSTITUTIONAL QUESTION

(General heading)

NOTICE OF CONSTITUTIONAL QUESTION

The (identify party) intends to question the constitutional validity (or applicability) of (identify the particular legislative provisions or the particular rule of common law) (or to claim a remedy under subsection 24 (1) of the ...

Courts of Justice Act

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c43_e.htm#BK147

Notice of constitutional question

109.(1)Notice of a constitutional question shall be served on the Attorney General of Canada and the Attorney General of Ontario in the following circumstances:

1. The constitutional validity or ...

I just amended my last message and added s. 53 from the Supreme Court Act.

The Supreme Court of Canada also developed the concept of public interest standing in three constitutional cases commonly called "the Standing trilogy":

Thorson v. Canada (Attorney General),

http://csc.lexum.umontreal.ca/en/1974/1975rcs1-138/1975rcs1-138.html

Nova ...

It is a public interest, thus you do not have to currently be facing charges under the section youre challenging. You do not have to be seeking a remedy under s. 24 of the Charter. You are challenging the constitutionally of the law. Call the Registrar at your local courthouse and they will confirm for you that there are no filing fees.

See s ...