Ontario Provincial Police Proposing New “Absolute Liability” Legislation


Former Chief of Police of Toronto (2000-2005), 66 year old Julian Fantino became Commissioner of the Ontario Provincial Police (“OPP”) on October 30, 2006, when appointed by McGuinty’s Provincial Liberal Government.

The OPP Commissioner is seeking power to charge motorists, involved in motor vehicle accidents, who don’t slow down when weather conditions warrant it.  He is suggesting that when these accidents occur, it should be considered an “act of negligence” and that these motorists should be charged under the Highway Traffic Act and that these motorists, not their insurance companies, should have to pay for any damages related to those accidents.

He is proposing “absolute liability” legislation, under Ontario’s Highway Traffic Act, to hold irresponsible driver’s accountable.  Absolute liability would mean that all that the Prosecutor would have to establish in a Court  is that you did it (ie- had the accident in a snowstorm, or in a rainstorm or in a hailstorm) and you would be convicted. Absolute liability offences would arise where the legislature has made it clear that guilt would follow on mere proof of the prescribed act. It wouldn’t matter what your explanation was, if it happened and it can be proven in court that it happened, you would stand convicted.  According to his plan, you wouldn’t be covered by insurance and would have to pay for any and all damages arising from the “accident” out of your own pocket.

Apparently the McGuinty Liberals aren’t as enthusiastic about Fantino’s legislation proposals as he is.  As most of us already know, it is difficult to legislate common sense.

Hoping that everyone has a healthy, happy and prosperous New Year (2009). Fightyourtickets.ca would like to thank everyone who has supported this website and asks for your ongoing support in the New Year.

Update: August 15, 2010 – Julian Fantino retires after 42 years of working in law enforcement .

Update: October 12, 2010 – Julian Fantino decides to run as Conservative MP for Conservative Prime Minister Stephen Harper in the City of Vaughan in a by-election on November 29, 2010.

Ontario Liberal Premier Dalton McGuinty appointed Julian Fantino as the Commissioner of the Ontario Provincial Police (OPP). Dalton McGuinty also supported Stephen Harper, by introducing the Hated Sales Tax (HST) at the request of Stephen Harper. One of Dalton McGuinty’s Ministers, George Smitherman, stepped down from Queen’s Park and decided to run as the Mayor of Toronto. George Smitherman has received full support from Tories and former Mike Harris representatives in his bid to run for Mayor of Toronto. Even all of this will not help him beat Ford.

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