Law

Canadian Judicial System

Information you’ll find on this page:

  • Outline of Canada’s Court System.
  • Supreme Court of Canada, Ontario Court of Appeal.
  • The Court of Ontario has two (2) divisions: Superior Court of Justice & Ontario Court of Justice.
  • The Superior Court of Justice has within it, three (3) branches.

Canadian Charter of Rights and Freedoms

Information you’ll find on this page:

Reciprocal Agreements: Between the Province of Ontario and other Provinces/Territories and Different U.S. States

Information you’ll find on this page:

  • What are Reciprocal Agreements.
  • How motor vehicle tickets or fines in one Province/Terrritory/State can be applied in your home Province/Territory/State.
  • Agreements between Ontario and other jurisdictions.

Important Laws for Your Defence

Information you’ll find on this page:

  • Links are provided for over twenty (20) laws that affect traffic tickets.
  • This includes the Constitution Act of 1867 and 1982, up to and including the Photo Card Act, 2008.
  • As new laws are passed, this page will be updated to incorporate them.

Ontario Provincial Offences Act

Information you’ll find on this page:

Describes three (3) types of infractions under the Ontario Provincial Offences Act:

  • Part I – normally a moving infraction (ie speeding).
  • Part II – parking tickets.
  • Part III – Infraction results in summons to court. Serious Infractions may involve jail time, without a fixed fine.

Caselaw and Jurisprudence

Information you’ll find on this page:

  • What is meant by caselaw, judgements or jurisprudence?
  • Links to Supreme Court of Canada and Ontario Court of Appeal decisions.
  • Askov and Morin decisions (Supreme Court decisions on how long a trial should take – Section 11 (b) Charter).
  • Sault Ste. Marie decision (Supreme Court decision – speaks to Mens Rea, Reasonable Mistake as a defence, Scope of due diligence, discusses Absolute Liability and Strict Liability).
  • Perka decision (Supreme Court decision – on the issue of Defence of Necessity – a traffic defence).

Right to Issue Tickets

Information you’ll find on this page:

Ignorance is NOT a Defence

Information you’ll find on this page:

Perjury, Bribery and Contempt

Information you’ll find on this page:

The What Not To Do list (before you get to court or once you’re in court):

Right to Drive

Information you’ll find on this page:

  • Do I have the right to drive?  No.  Part IV Licences – Section 31 of the Highway Traffic Act describes driving as a privilege, not a right.

Samples of Bodily Fluids

Information you’ll find on this page:

  • Can a Police Officer force me to provide a Blood, Urine or Saliva sample, if that Officer suspects that I am under the influence of drugs, while operating a motor vehicle?
  • In July 2008, the Canadian Criminal Code was amended, and a new law was introduced, Bill C-2.
  • This new “drugged driving” law is now in existence and there has already been a charge laid in the City of Toronto in October 2008.

Accident Reporting

Information you’ll find on this page:

  • The sections of the Highway Traffic Act (sections 199, 200 & 201) sets out the responsibility of the driver to report any accident and to do so in a timely fashion.  The consequences for not doing so are also laid out.
  • As an alternative to the Highway Traffic Act, the Police have the discretion to charge someone under the Criminal Code (section 252 (1) & (2), which carries much heavier consequences if convicted.
  • Hit and Run as it is still commonly referred to, is one of the most serious offences to be charged with while operating a motor vehicle.
  • A conviction with regard to this offence, will travel with you to all other Provinces and Territories under the Canadian Driver Licence Compact and will follow you into New York State and the State of Michigan through the reciprocal agreements between the Province of Ontario and those States.

Requirement to Wear Seatbelts

Information you’ll find on this page:

  • Under section 106 of the Highway Traffic Act we are obliged to wear seat belts.  This is explored with the other sub-sections of section 106.  There is an exception clause, which allows people who for whatever physical or psychological reason, not to wear seat belts as long as their family physician certifies this in a medical certificate, which must be carried at all times, while in the motor vehicle not wearing a seat belt.
  • Recently, on January 15, 2008 the Ontario Court of Appeal ruled that an individual who was not wearing a seat belt or the owner of the car, responsible for anyone under sixteen (16) years of age not wearing a seat belt, while he/she is operating that motor vehicle, has the defence of reasonable care or exercising due diligence available to him or her.  The case involved an Ashwani Kanda, who was charged by Peel Police, because his eight (8) year old son did not have his seat belt on when the officer observed him leaning forward, while sitting in the back seat of Mr. Kanda’s vehicle.  Mr. Kanda’s explanation was that his son was securely fastened in the seat belt assembly when he left the family home for school on April 8, 2004.  The Court ruled that a seat belt violation is a “strict liability” offence and Mr. Kanda was not guilty of the offence because he took reasonable care or exercised due diligence (because the seat belt was on his son when he drove off, not knowing his son took the seat belt off, on the way to school).

Child Support Payments and the Highway Traffic Act

Information you’ll find on this page:

How to Complain About a Judge, Justice of the Peace, Lawyer or Paralegal

Information you’ll find on this page:

  • This page will describe in some detail how to complain about a Judge, Justice of the Peace, Lawyer, Paralegal or Master.
  • The processes and procedures in the Law Society and the different Councils are explored.
  • The Compensation Fund, funded by lawyers who are members of the Law Society of Upper Canada compensates those who have been ripped off by crooked lawyers.

Challenge Your Lawyer’s Legal Fees

Information you’ll find on this page:

  • You will learn how to challenge your lawyer’s fees and what the process is in the Superior Court.
  • All the Superior Court addresses in Ontario are listed.
  • You have one (1) month, from receiving the final bill, to complain.
  • Learn about the billing practices of lawyers and understand them before you retain counsel.
  • Learn about the Assessment Officer/Master and what their role is in making an assessment in your particular case and how your lawyer’s bill can be lowered.

Court Appointed Interpreters

Information you’ll find on this page:

The Demerit Point System in Ontario

Information you’ll find on this page:

  • You’ll find a chart of all driving offences which will cause the driver of a motor vehicle to accumulate if they are convicted of a driving offence – anything from two (2) points to seven (7) points and remain on your driving record with the Ministry of Transportation for a period of two (2) years from the date that you were charged and three (3) years on your insurance record for a period of three (3) years, with your insurance company.

Green Alternatives – Motorcycles, Mopeds and e-Bikes

Information you’ll find on this page:

  • Alternative modes of transportation and the governments attempt to encourage Canadians to use greener forms of transportation.
  • The laws surrounding the use of these forms of transportation.  Fines associated with infractions.

Legal Definitions

Information you’ll find on this page:

  • A number of different words which you may want to have access to when dealing with matters surrounding tickets and the fighting of those tickets.  This list will be adjusted periodically.
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