I think it's fair to say the case law argument, especially being non-binding, is pretty weak. I figure our main defence will be cross-examining the officer and pointing to reasonable doubt, assuming his testimony gives us the opportunity. I checked out the street she was stopped on and it's actually...

Thanks, everyone, for your help and input on this! The time on the ticket is 10:30 pm. Unfortunately for us, very definitely after sunset. Does the Crown need to have *some* supporting evidence or testimony to establish when sunset was or can the court rightly, in all honestly, assume the offence wa...

Well, things are moving along, slowly but surely! I've been e-mailing the prosecutor and he agreed not to object to my representing my friend. I also got disclosure which is really only the officer's notes. I'll post what the officer's notes say below: driving north-bound on Steward observed bicycle...

Tough call. Personally, I'd call the prosecutor and let them know but I'd probably not give my name, address or anything else so they could correct it. I'm really curious what would happen if you didn't let them know and the other driver was left to deal with it.

Ah, okay! Then I'll drop my offence notice argument. My thought was that it might represent a small inconsistency and possibly call the reliability of the officer's notes into question but it the justice won't give it any weight, I'll forget it. Curiously, as far as representing my friend goes, do y...

I'd consider yourself lucky! I had a similar thing happen to me over insurance. I was pulled over going through a yellow light -- the officer eventually agreed it would've been unsafe to stop but , on checking my licence and everything, found I had an outdated insurance slip. I had and have new insu...

Thanks! I've filed the Notice of Intention to Appear and requested disclosure so we'll see what that brings! And the provincial offences office is talking to me about the case via e-mail so I'll take that as a minor victory on the non-lawyer agent, acting-for-my-friend front -- hopefully they'll agr...

Wow, apologies for triple posting but I was able to find it.

I'm sorry to burden this thread with so many questions but here's one more! I don't see any mention of the $85 set fine in the Act -- or mention any penalty whatsoever. I've tried to find a reference for the fine and I've come up short. Any idea where the Act might cite the penalties for this offence?

You're a life saver! That'll help a lot. We'll see how much weight the justice gives it...

Will this relative be with you to speak to the circumstances at all? That might help.

Thanks! That'll definitely help present the case law. I saw your sworn declaration, too -- I hope to skip the affidavit and do the same! Curiously, though, is there any reference allowing them in lieu of affidavits in the first place? I'll certainly file mine but I'd love to have something in writin...

Great! If not, I'll see what I can do to track it down, somehow. I've self-represented a couple times but I've never referenced case law: would it quote this making defence submissions or would I need a copy of the case or decision to share with the Justice and prosecutor? Also I've been e-mailing t...

I haven't been able to find it in Canlii. I'm still looking elsewhere but it's being hard to track down and I don't know what to make of that. I saw the case mentioned in a few online articles but the quotes came from this article , which is ironically enough essentially a petition to the government...