Ontario Highway Traffic Act

"highway" includes ... any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

Sidewalks are not made for the passage of vehicles.

If sidewalks are included in the definition of highway, then pedestrians are prohibited from waking on sidewalks ...

Writing letters are great, but a waste of time if you aren't going to include the proper request. If someone really wants to change the law, this is what they need to do.

Write Premier McGuilty and point out the legal flaws in the provision. Respectfully demand that he instruct the Lieutenant Governor in Council to file a constitutional challenge ...

If there is a municipal by-law stating you cannot ride a bike on the sidewalk, then that is all the boy can be charged with. He wasn't charged with that offence.

The boy cannot be convicted for Failing to Remain. He cannot even be charged with the offence.

Highway is defined under s. 1(1). A highway is "intended for or used by the general ...

Fail to Remain is an absolute liability offence. An Absolute liability offence can never have a term of imprisonment attached to it. Here, the Fail to Remain has a term of imprisonment attached to the offence, thus the offence is unconstitutional and cannot be enforced.

A court can strike out the term of imprisonment and the remaining parts of ...

The private citizen right to arrest without a warrant under s. 494 of the Criminal Code only applies to criminal offences, or an indictable offence.

Indictable offences do not apply to the HTA and offences under the HTA are not criminal.

The right for a cop to arrest without a warrant under the HTA is limited to subsection 9 (1), subsection 12 ...

You have a valid argument though, that since he issued the ticket under Part II, and not Part III, he might have had to serve you immediately.

In my view, the court would find that he did, even though he finished serving another car first.

A parking ticket proceeding can also be commenced under Part III of the Provincial Offences Act; by laying an information. This is not served upon the driver, operator or owner at the time of the offence and is still valid.

"Parking infraction", Part II

14. In this Part,

"parking infraction" means any unlawful parking, standing or stopping of a ...

Where are the set fines you're relying on, if not in the HTA?

You posted a link before to set fines under the Courts of Justice Act.

They were fines set by regulation. Who made those regualtions?

Under what section of what Act did they get the express authority to make the regulation?

Speed limits are set out in s. 128 of the HTA. City councils can pass a by-law, under s 128(2), setting out a different rate of speed if the highway is under their jurisdiction.

However, s. 195 of the HTA states that if any by-law that is inconsistent with this Act or the regulations, the provision of the by-law shall be deemed to be repealed ...

You got a ticket, so he either gave it to you or placed it on your windshield. In my view you were properly served. Even if you drove off completely, he would've mailed you the ticket after tracing your licence plate number, which is why he was writing down you plate number when you moved the car.

The offence is complete upon you illegally ...

The fine should be posted on your ticket. It's $7 per km over the speed limit when the speed was above 30 kms over. It's $14 per kms over if a worker was in the zone.

The zone could be 5 miles long, or whatever. If you get stopped in an area where no workers are, but workers are in the zone 2 miles ahead of where you were stopped, they can still ...

The number "8" represents a emoticon. Each tim you cite the number 8 in a provison the emoticon appears instead of the number.

You should remove that emoticon or change it so it's not represented by the number 8.

Fines are doubled when there is a worker in the construction zone. Not sure if there was one in the zone when you were ticketed, but you need to be aware of this.

Since it was a construction zone, they must have a "construction zone begins" sign. The sign must be in French and English, too. They can have a bilingual sign or both a French and an ...

Relevent sections of the Criminal Code.

Protection of persons acting under authority

25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,

...

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in ...

If a cop ever arrests you under s. 253 or 254 they are committing criminal offences. You are empowered under the Criminal Code to resist arrest and use as much force as necessary while resisting.


If you decide not to kick the snot out of them , then you can not only sue them but, under s. 494, you can arrest the cop and charge him with various ...