Ontario Highway Traffic Act

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 ...