| PRESUMED INNOCENT UNTIL PROVEN GUILTY! |
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THE LAW PROTECTS YOUR RIGHTS
THE RIGHT TO A TRIAL
We enjoy the benefits of living in a free and democratic society. One of our safeguards is in our constitutional law, the Canadian Charter of Rights and Freedoms. In that law, are our legal rights that protect us. These same rights apply to Traffic Court. You are always deemed innocent until proven guilty or you waive that right. It is the burden of the crown to prove the charge against you beyond a doubt. You have the right to receive all evidence against you before trial proceedings within a reasonable time. You have the right to have the trial or hearing within a reasonable time. You have the right to cross-examine the crown witnesses, to view evidence and call your own case. The only legal burden you have is proving that once the crown has proven the charge you are exempted from the application of that law. You may also challenge the crown’s case by bringing a proper motion before the court, asking for an Order to Quash or Stay a charge. Legal applications before a Court of Justice including Motions and Charter applications require special filing and service rules before the Court will agree to hear the legal request.
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| WHAT TYPE OF CHARGE IS IT! |
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A WORD ABOUT TRAFFIC TICKETS
Driving charges are the result of a violation of traffic laws. If the charge does not carry a serious penalty such as jail, suspension of license, seizure of property or heavy fines, the matter will be prosecuted by a municipal prosecutor. The process starts with the person being charged by the Police with violating a law such as driving with expired license contrary to the Highway Traffic Act of Ontario. The person is formerly charged when they are given the traffic ticket (Offence Notice). The Officer will certify that you were served . The orignal Traffic Ticket (Certificate of Offence) is later filed with the Court.
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STRICT OR ABSOLUTE OFFENCE
Regulatory Offences such as the Highway Traffic Act are classified as “absolute” or “strict liability offences”. This classification can be misunderstood and confusing to any person not familiar with the legal term and application. The type of charge will determine what legal defence you may have to that charge. The evidence may support a conviction on one type of charge but result in an acquittal on another type of charge. For instance, driving with an expired license is an absolute liability offence. Driving with a suspended license is a strict liability offence. If you forgot to renew your license or didn’t receive a renewal notice in the mail, that fact as evidence would still result in a conviction. The conviction would result in a fine only but is a record of conviction that will be placed on the driving record. If that same person was not aware and did not receive notice of a suspension of license, that evidence could support a finding of not guilty. If found guilty, the person would be subject to a mandatory license suspension, a significant fine and a period of jail.
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