Ontario Highway Traffic Act

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.