maskman wrote:Where is the authority that describes the fatal errors mentioned? Especially the offence not known error.
Basically precedent. Let's say you got a ticket that says you were charged under s. 128 and the act was "Driving Too Fast for Conditions." While we all understand what that means, it is not "known to law." There is no act/section that is specifically "driving too fast for conditions" in Ontario, particularly if you are driving at/under the posted limit. You could get:
- Careless Driving, s. 130; or
- Speeding, s. 128 (at a rate of speed higher than the maximum limit)
But s. 128 deals with speeding only, so a rate of speed higher than the posted limit in effect at the time must be specified. Under those circumstances, the ticket would be quashed. Another example would be "speeding 20 km/h in a 60 km/h zone." Well in that case, the act specified was that you were driving under the speed limit - that is not an offence known to law. Same deal, it prejudices the defendant and if you followed the "default procedure," either the ticket would be tossed or quashed on appeal. Here's a case that describes some of the requirements on the ticket:
R. v. Hargan, 2009
And to quote the Justice in that case:
Livingstone J. in R. .v Wilson, [2001] O.J. No. 4907 (Ont. C.J.) considered that in order for a certificate of offence to be "regular on its face" it must set out:
i) who is commencing the process – an informant;
ii) who is charged under the process – name of the defendant;
iii) what the process is – statute and section number;
iv) where and when the allegation arose; and
v) what the result will be from a conviction from the process – set fine amount.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca