So, looking through the HTA, there's a lot of grey parts there. Are these applicable? Some date back to 1994. Example:
On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 138 (1) by adding the following definition:
I read that to say this isn't in effect yet...is that correct?
EDIT: Assuming the above is correct, and they eventually get proclaimed, are they then retroactive to any past occurrences that may be before the court?
The date to be proclaimed......legal jargon for: date to be instated. The hands free bill was worded the same.
As for your edit, you cannot create a law to try someone. If you manage to do something that is not defined the gov't can't create a law to smack you with. If they create it then you break it, then to court you can go...
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com