Search found 256 matches

by lawmen
Wed Oct 22, 2008 12:38 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Correction for posting, is this law 6 years old
Replies: 65
Views: 36445

Re: Correction for posting, is this law 6 years old

The Charter , of all of our laws, was written with the fewest amount of words possible to ensure it is clear as possible, yet the Charter is the most misunderstood law and repeatedly interpreted law out there.

The Charter provides fundamental guaranteed rights and freedoms, yet they can be sidestepped by the government incorporating the ...
by lawmen
Tue Oct 21, 2008 11:59 pm
Forum: Going the wrong way on a one-way road
Topic: 1 way street what is it?
Replies: 23
Views: 10903

Re: 1 way street what is it?

It sounds like the street was once a two way street then converted into a one way street but the signs were never removed.

Take picutres of the signs if you are fighting this in court. Be sure to take the pictures yourself, though, otherwise you'll need the person who took the pictures to appear in court with you.

Good luck!
by lawmen
Tue Oct 21, 2008 10:59 pm
Forum: Prohibited turns
Topic: proceed contrary to sign at intersection 144(9) PART 2
Replies: 44
Views: 18093

Re: proceed contrary to sign at intersection 144(9) PART 2

Section 144 provides fines for certain offences under ss. 144. See s. 144(31.2) and (31.3) for example.

Section 144(9) is not an offence where s. 144 provides for a set fine.

Bear posted a link to regulations that have set fines. However, only the The Lieutenant Governor in Council can make regulations under s. 144.

The Lieutenant Governor in ...
by lawmen
Tue Oct 21, 2008 10:18 pm
Forum: General Talk
Topic: notice of motion?
Replies: 20
Views: 6706

Re: notice of motion?

You pleaded not guilty which is why you got to go to court. If you don't go the court will find you guilty and a fine of $280 will be entered against you. That is if you were doing exactly 40 kms over the speed limit. It's $7 per kms over.

Penalty

128(14) Every person who contravenes this section or any by-law or regulation made under this ...
by lawmen
Tue Oct 21, 2008 9:50 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Correction for posting, is this law 6 years old
Replies: 65
Views: 36445

Re: Correction for posting, is this law 6 years old

Section 15(2) of the Charter expressly states;

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability ...
by lawmen
Tue Oct 21, 2008 9:11 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign - Fail to stop HTA 136(1)(a)
Replies: 18
Views: 16666

Re: Disobey stop sign - Fail to stop HTA 136(1)(a)

European countries are removing ALL traffic signs and allowing people to police themselves. It has reduced accidents because you must now be aware of what your doing instead of relying on signs to control you.

Shared space is a term used to describe an approach to the design, management and maintenance of public spaces which reduces the adverse ...
by lawmen
Tue Oct 21, 2008 8:50 pm
Forum: Going the wrong way on a one-way road
Topic: 1 way street what is it?
Replies: 23
Views: 10903

Re: 1 way street what is it?

Some one way streets have laneways that cross them in the middle of the one way street, but there is no one way sign when you exit the laneway onto the street.

Thus if youre not aware it is an one way street, you could turn the wrong way when exiting the laneway and only realize after youre on the street that all the cars parked on both sides of ...
by lawmen
Tue Oct 21, 2008 8:08 pm
Forum: Failing to stop when signaled/requested by a police officer
Topic: Failing to stop when requested by a police officer
Replies: 12
Views: 32288

Re: Failing to stop when requested by a police officer

The three type of offences that exist across Canada were classified 30 years ago, in 1978. They are mens rea, strict liability and absolute liability.

R. v. City of Sault Ste-Marie [1978] 2 S.C.R. 1299

http://www.canlii.org/en/ca/scc/doc/1978/1978canlii11/1978canlii11.html

Twenty-three years ago the Supreme Court of Canada determined in the BC ...
by lawmen
Tue Oct 21, 2008 7:17 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Correction for posting, is this law 6 years old
Replies: 65
Views: 36445

Re: Correction for posting, is this law 6 years old

By the way the law is in fact 6 years old - whatever that means "2002, c. 21, s. 1; 2007, c. 13, s. 20.":

Approaching stopped emergency vehicle

159.1 (1) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light that is stopped on a highway, the driver of a vehicle travelling on the ...
by lawmen
Tue Oct 21, 2008 5:03 pm
Forum: Prohibited turns
Topic: proceed contrary to sign at intersection 144(9) PART 2
Replies: 44
Views: 18093

Re: proceed contrary to sign at intersection 144(9) PART 2

You say the ticket is under 144(9). You then say Part 2. What do you mean by part 2?

You say the ticket is for $85 set fine to $110.

Section 144(9) has no Part 2.

Section 144 does not indicate a set fine for s. 144(9).

Therefore, the fine would be governed by s. 214, which provides for a fine ranging from $60 to $500 in the discretion of the ...
by lawmen
Tue Oct 21, 2008 7:59 am
Forum: General Talk
Topic: How much trouble am i in?
Replies: 11
Views: 3231

Re: How much trouble am i in?

Unreachable, the maximum fines you will face is $1,400; not $1,900.

The offence under HTA s. 12 does provide for a fine from $100 to $1,000, however, under s. 12 of the Provincial Offences Act , which governs your trial, you can only face a maximum fine of $500 because the offence was commenced by way of a ticket under Part I of the Act ...
by lawmen
Tue Oct 21, 2008 1:56 am
Forum: Going the wrong way on a one-way road
Topic: 1 way street what is it?
Replies: 23
Views: 10903

Re: 1 way street what is it?

Meaning of "designated", ss. 141, 153 and 154

152. For the purposes of sections 141, 153 and 154,

"designated" means designated by the Minister or by any person authorized by him or her to make the designation or designated by by-law of a municipality. R.S.O. 1990, c. H.8, s. 152.

Highway designated for one-way traffic

153 . Where a highway ...
by lawmen
Tue Oct 21, 2008 1:38 am
Forum: Failing to stop when signaled/requested by a police officer
Topic: Failing to stop when requested by a police officer
Replies: 12
Views: 32288

Re: Failing to stop when requested by a police officer

Section 216(1) is an absolute liabilty offence while s. 216(3) is a mens rea offence.

Section 216(2) articulates a person "is guilty," which indictates the offence is commited by the mere actus reus .

Section 216(3) articulates the word "willfully," which signifies a mens rea offence.

Section 216(1) is unconstitutional as it contains a term of ...
by lawmen
Mon Oct 20, 2008 11:58 pm
Forum: Failing to obey signs
Topic: Is LOCAL TRAFFIC defined in HTA
Replies: 10
Views: 11983

Re: Is LOCAL TRAFFIC defined in HTA

A "Local Traffic Only" is not a valid sign. It cannot be enforced. A "Do Not Enter" sign is only valid if it meets the proper sign size dimensions and placement on the roadway, as articulated in ss. 31, 32 and 45 of Regulation 615.

Moreover, s. 46 states "no person, other than a municipal corporation or other authority having jurisdiction over a ...
by lawmen
Mon Oct 20, 2008 10:34 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign - Fail to stop HTA 136(1)(a)
Replies: 18
Views: 16666

Re: Disobey stop sign - Fail to stop HTA 136(1)(a)

The Crown could argue the stop definition does not apply because the words "when prohibited" are used in the definition which does not apply to a stop sign stop.

A stop sign stop requires you to stop, it doesn't prohibit a stop.

However, the word "stop" is used throughout the HTA in different contexts and it requires a definition. Since this ...