“Ic Certification And The Calibration History”

I am latest entrant to this saga and can safely say that the IC certification and the calibration history (or lack of) does play a significant issue on the outcome of the trial.

Thanks to the efforts of poster @jsherk (I believe he is no longer active on this board, not aware if he is posting under a different alias) - I built up my case on similar lines. Fortunately for me the team lead prosecutor was very prompt and provided most disclosures and conveyed his intentions to oppose my motions (via email) to exclude radar evidence well in advance alongwith the case laws he intended to cite for the opposition. This allowed me to prepare my defense and counters/validity for those rulings.

At time of trial, the usual charade of offering lower charge for a guilty plea to all those to attended were offered including myself which I declined right away. He also noted my huge folder with copies of rulings and evidence to support my arguments. Part of the bulge was due to 3 copies of each document to be shared with the JP and the prosecutor as needed.

He kept delaying to call of my case until the last possible minute and finally 10 minutes before close of court my case was called to the bench. He started right away by stating that this one requires a long process and multiple rulings for the motions I have submitted - and citing lack of time he offered to withdraw the charges. The JP enquired with me if I would be willing to come back - which I declined while offering to stay back longer to complete the trial but they opted to withdraw anyways.

My opinion about the calibration/certification debate above (I am sorry, haven't read each response in detail - so might be repeating something that is already posted before):

1. Industry Canada certification for the Radar device is absolutely essential for it to be eligible for use in Canada. At the minimum no enforcement agency can charge any citizen based on the readings of an illegal device.

2. Periodic calibration in ADDITION to daily testing of the Radar is and should be an important procedure for any enforcement agency to backup the accuracy of the radar device in question. Even the manufacturer site indicates that the device should be calibrated periodically against a source of known result though the frequency to calibration can depend on the agency using the equipment. The TEST buttons on the equipment are merely testing the electronics (and/or mechanics) of the radar but not the accuracy and the sensitivity of the actual sensor which generates the data. The courts to reduce this threshold only due to extra burden of documentation on the crown prosecutor is inherently unfair to the defendant.

Thanks to the abundance of information available on this and special thanks to poster jsherk if he is still viewing this - wouldnt have been possible for me to beat this without the basis of his posts and research.

I am not a frequent visitor here but will answer questions (if any) as and when time permits. Just wanted to post my experience in exchange for the help I received here.

Hoping this helps some of the viewers.

Chenco.