View Single Post
  #51  
Old 12-19-2008, 11:13 PM
beansgunsghandi beansgunsghandi is offline
 
Join Date: Dec 2008
Location: Canadian Rockies
Posts: 456
Default Not quite good night

Found this on: http://www.canadiandriver.com/legal/photoradar.htm

"In this case the ticket was for $100. Mr. Stead has reportedly spent about $120,000 fighting against this ticket. This is a man who stands up for what he believes is right.

The argument that he made was that the photo radar law is unconstitutional because it forces people to prove they are not guilty of an offense. In Canada we have a principle of law whereby everyone is presumed innocent unless proven guilty. With photo radar there's a presumption that the owner of the car was the one who was speeding. The ticket is then issued in the name of the registered owner of the license plate. Obviously the owner of the car is not always the one who is driving it. This means that the owner is sent a ticket and must fight in court to prove that it wasn't him.

One of the rights guaranteed by the Charter of Rights is this right to be presumed innocent. Another of the rights guaranteed by the Charter is the right to a quick trial and the right to be able to mount a valid defense.

The lawyer argued that all of these rights are violated by a system whereby the owner of the car is sent a ticket several weeks after allegedly committing the offense and is forced to try and remember what may have happened many days ago including who might have been driving the car at that time. The lawyer argued that this made it too difficult for anybody caught by this machine to properly defend himself.

Although this does seem to make sense on the face of it, several courts in British Columbia have disagreed. In fact this case went all the way to the British Columbia Court of Appeal who unanimously rejected Mr. Steads argument and ruled that the law allowing photo radar was absolutely legal and constitutional. His battle lasted from 1996 to 2001 when the Supreme Court of Canada refused to hear his case.

Notwithstanding that court judgment, photo radar was so hated by the citizens of British Columbia that some say it helped to bring down the government. The elimination of photo radar was a key promise that was kept by the party that won. While the court case may have proved it was legal, photo radar was abolished in British Columbia in 2002."

I don't have $100,000 to fight a ticket. Now, really, good night.