Radar identified,
Thanks for the information!
2 more questions,
1) If the cop doesn't show up to the trail I am out of it regardless correct? Which from what I understand is the most likely scenario in Toronto.
2) Since I posted the last message I had a law friend of mine look into it briefly and he said the appeal was allowed and not upheld. What he is telling me seems contrary to the information I have read on the bilingual defence. I am a little confused as I an not an expert on this. He said it still can work it just isn't as sound because the precedent was not set in the appeals. What is your opinion on this?
This is what he wrote-
"The trial judge who ruled in favour of Myers made a decision that was overturned at the appeal level. The judge who originally ruled does not hear the appeal, it is heard by 3 judges at the appeal level. What the appeal judges say trumps what the trial judge says and the trial judge can't do anything about it.
Summary of the appeals case:
Defendant disobeyed sign prohibiting turn "7 AM - 7 PM MON-FRI" -- Sign was in English only and did not include words "LUN-VEN" -- Regulation under Highway Traffic Act requires that sign in area designated by French Language Services Act shall indicate prohibited times in French as well as English -- Offence occurred in City of Toronto which is designated area under latter Act -- Defendant was charged with disobeying sign contrary to Highway Traffic Act -- Trial judge dismissed charge -- Trial judge held that sign was invalid as it did not comply with statutory requirement of being bilingual -- Trial judge also held that it was not necessary for City to enact by-law concerning language of signs for Regulation to be effective -- City appealed dismissal of charge -- Defendant did not contest appeal -- Appeal allowed -- Verdict of acquittal was set aside and conviction entered -- Penalty imposed was fine in sum of $90, which was payable within 60 days.
APPEAL by city from judgment reported at R. v. Myers (2004), 2004 CarswellOnt 5638, [2004] O.J. No. 4763 (Ont. C.J.), dismissing defendant's charge under Highway Traffic Act.
It is on the website as a "success" because he did win the trial case, and he allowed the appeal. When the city appealed the decision he didn't argue it back and let the conviction go because it would have been too expensive for his client I'm assuming. That website must be wrong, it was successful on trial but I read both the trial case and the appeals case."