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Changing the charge is a breach of our Charter rights. But the court still does it and no lawyer to my knowledge has challenged them on this constitutionally.

Is is afoul of 34 blah blah, but the court can also just give you an adjournment to come back another day with your new defence. It's pathetic.

See ss. 35 and 37.

To me, you were ...

Bear, what section of the HTA requires it to be filed within 10 days?

Al, if you are referring to filing the ticket with the court after the charge is laid against someone, the cop must file it as soon as is practicable after service of the offence notice or summons.

Section 4 of the POA.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws ...

Thanks for your reply hwybear.
I would be guess that HTA 148 applies to the description provided.

Passing meeting vehicles - vehicle on highway meeting another shall turn out to the right from centre of roadway, allowing the other vehicle one-half of the roadway
That sounds about right.
However, I was charged with violating 142(1) and not 148 ...

Do you have a link to the Quebec vs SAVAGE case? I can't find it.

Found it.....

http://www.canlii.org/en/qc/qccq/doc/2006/2006qccq304/2006qccq304.html

cheers,
Bear

This guy is relying on the Charter , as I suspected. That's the difference.

This guy is also funny!

"The accused submits that the "e" in English should be uppercase and the ...

I don't believe there is going to be a by-law for a no turn sign. But there may be. If there is, all it would say isthat a no turn sign will be located at such and such location.

And although s. 9(2) of the POA applies to a person who does not wish to dispute a charge, I don't think they really have to provide you a copy of the by-law if there is ...

trick question....I found a an old township name listed/designated as a bilingual area. This township is now almalgamated into a larger municipality with a different name, therefore the olde township no longer legally exists. Does the bilingual sign thing still apply?

Municipalities must pass by-laws in order for the bilingual thing to apply on ...

How come we don't hear about cases like this in the main stream media?

http://www.canlii.org/en/on/onca/doc/2008/2008onca756/2008onca756.html

Justice T.M. Dunnet should be fired.

John Feeney, Thomas Findlay, Kamaljeet Kang & Jeffrey Martin all work for the Toronto Police Service. Chances are they don't even lose their jobs.

The respondents ...

Request an adjounment of this motion once the crown produces the Affidavit. You need time to seek counsel. Do not answer any other questions in court. You want to consult counsel. Period.

Get a copy of the cops affidavit. Do not leave the courthouse until you get it.

Request the new date for the motion to be heard as far off into the future as ...

The ticket does not even indicate whether he had received any demerit points or not. Just states the offence, $85 fine, and $110 total payable fine. Nothing is mentioned about points and the cop didn't say anything to him either.

It doesnt appear to me that demerit points must be posted on the certificate unless the certificate has a spot on it ...

Yes it will work. You're not a lawyer. You didn't know anything about disclosure. Doesn't mean you're not entitled to it.

The crown knows about disclosure. The crown sent you a notice of motion weeks ago. The crown knows it has in its custody an affidavit it is relying on. The crown was required to give you a copy of it. You're only going to get ...

Exactly. That's the thing I find confusing. Trying to read between the lines in all the information that is posted and trying to make sense of it all.

ticketcombat has been very helpful as well. I may just use the bilingual sign defense.

What's the current turnaround time for a trial date in Toronto currently? If it's 1 year, can I motion a ...

You say you "called in" to set a trial date. You cannot call in.

Clarify what you did. Did you send in the notice, did you go into the court to set the date? Or did you just call in on the phone?

The motion appears to be that the crown is looking to set a date, but it may also be trying to convict you on the 25th because they are bringing an ...

Blaikie is a pre-Charter case where Quebec want the law printed only in French. It deals with the Constitution Act 1867 , not the Charter . Quebec lost the case and laws must be in both French and English.

http://scc.lexum.umontreal.ca/en/1979/1979rcs2-1016/1979rcs2-1016.html

I support laws being printed in both languages BUT only one should be ...

The more laws we have, the more charges are filed, the more the court system gets plugged up, the more chance of people getting off due to delay.

Most tickets are in the $100 to 200 range. By the time the person pays the ticket, if they fight it in court, the provinces loses $200 to $500 trying to collect a $100-$200 fine.

Think about the wages ...

Bears a cop. He doesn't want people to SEE exactly what the law says. He'd rather have you rely on peoples thoughts and opinions to try and win your case.

The Charter applies countrywide. The offences of mens rea , strict or absolute liability that were classsified by the SCC apply countrywide.

The French Language Service Ac t only applies in Ontario. It doesn't apply in Quebec or elsewhere.

I never read Blaikie but I will. From what you posted it sounds like a Charter issue case. Again, we're ...

I realize the case is cited as ONCJ 423, and I could be wrong, but I don't think this was an appeal. Appeals are heard by provincial judges, not JPs.

They could've wrote the wrong HTA section down, too. But as it reads, it's clearly winnable on appeal to either to the Court of Justice or Court of Appeal if it was an appeal in Court of Justice ...

R. v. Gupta does not indicate that the person not wearing a seatbelt was under 16-years of age. I assume they were under 16, though, because a driver is not responsible for a person over 16-years of age.

However, I don't see how they were convicted under s. 106(6). Section 106(6) is an exception to ss. (2) and (3) clause. Subsection (2) only ...

That case was in Quebec. That guy relied upon the Charter . This is Ontario. The French Language Services Act (FLSA) applies in Ontario. We're not relying on the Charter .

The FLSA requires ALL communications for any service or procedure to be in both languages.

The POA articulates laying a charge is a procedure; therefore it's a service ...

The weird thing is, one Supreme Court decision I read stated that HTA offences are all strict liability offences unless the Act declares otherwise.

If the HTA offences are all strict liability unless the Act declares otherwise, why are the following offences clarifying themselves to be strict instead of absolute?

Appeal of order to impound

50 ...

It just gives the cops another free excuse to stop drivers for no reason. How will a cop know how old the driver and passengers are without stopping the car to ask?

If the driver is not a novice driver the passengers have no obligation to identify themselves.

If a driver is 18 or 19-years old and no longer a novice driver, now their passengers ...

Ontario has districts and county's.

Prescribed parts of Ontario exist in the regulations. It also applies to s. 5.1 of the POA. They have existed since 1993.

Section 5 and 5.1 work differently in differnet parts of Ontario.

Section 5 allows people to give notice of intention to appear by indicating on the offence notice and delivering the ...

Someone needs to challenge this in the Supreme Court of Canada. Lower courts are not bound by other lower court decisions. But lower courts are bound by higher court decisions.

The weird thing is, one Supreme Court decision I read stated that HTA offences are all strict liability offences unless the Act declares otherwise. But lower courts dont ...

Bear, The French Language Service Act requires all services and procedures to be in both languages. It applies to ALL communications. If the part of the certificate or notice of offence that the cop fills in is not in both languages it doesn't pass the smell test.

The street name sign is also not in French, in most cases.

One can also argue ...

The French defence is a brilliant one. It applies in TO. Moreover, the offence you committed involves demerit points so its a provincial issue, so it doesn't matter if TO pssed the by-law, it's in effect.

The cop never wrote in his info in French. To me that a fatal flaw.

This Frenh argument will turn Ontario upside down. Most cops aren't ...

You ticket was required to be issued in both French and English by the cop because the demerit points are a provincial matter. The province has guaranteed you services and procedures will be provided in both languages even if you don't speak both languages. It's not an option.

My advice is that you do not respond to the ticket at all and file an ...

No, do not do that.

Once you plead guilty you are found guilty of all elements of the offence. A stop sign is not a traffic signaling device. You cannot be found guilty of that charge. A guilty plea also includes demerit points which could also increase insurance rates.

We don't mean to confuse you with what we posted, but the law regarding ...

I dont know for certain, but it sounds legal. Headlamps are at different heights for different vehicles already. It only matters tht the lamp be clearly visible at a distance of at least 150 metres from the front or rear.


Did you read these regulations?

Headlamps are under regulation 596

There is a tire standard regulation under 625

In my view, if a set fine exists for an offence, then the cop must issue you a notice of offence, and not a summons under Part I of the POA.

If there is no set fine, then the cop must use the summons and not a notice of offence, under Part I of the POA.

If no set fine exists and you are served by notice of offence, instead of a summons, it is a ...

Again, you have to read the regulations I gave you and the equipment sectionunder the HTA . All things you need to know are covered.

Tires are covered therein.

Regulations and offences, tires

70. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing the standards and specifications of tires or any class or classes thereof ...