Justice of the peace in Quebec, Canada strikes down photo radar evidence as unreliable.
Dec 10 2016 – Kevin Yaworski – WiseUpWinnipeg – http://wp.me/p1fJaD-Ps
Updated Jan 7 2017 – Added link to latest info including class action lawsuit
This decision on November 28th is important news and many points could be relied upon for more than just alleged fixed safety camera photo enforcement tickets.
The Minister of Justice in Quebec said it was too early to say if it will be appealed but it is being reviewed. The Judge did a great job relying on sections of the criminal code to reinforce their decision so hopefully no grounds.
Here are some of the points:
– Fixed camera photos and evidence provided by 3rd party are hearsay
– Crown can’t stay / drop once trial started without Justices approval (i.e. to prevent precedence)
– Accused can ask for reimbursement for time away from work, to request subpoena or attend court and legal costs when the Crown knowingly files unlawful evidence (e.g.hearsay evidence). i.e. after the accused notifies them in advance.
– The officer that signed the offense notice must check presence of signage and its location and can’t rely on a document saying it is there.
Here is some of the decision and more in the articles below as well as links to full decision in French and Google translation to English.
“Likewise, the judge found the officer’s claim to have verified the speed camera’s certification papers to be “totally false.”
“In fact, the attestation made by the officer on her offense report is based entirely on information gathered and recorded by third parties,” Judge Cimon ruled. “Not only is it hearsay evidence with no evidentiary value, but it is also a blatant violation of the criteria of Article 62 of the Code of Criminal Procedure.”
The judge made it clear that his problem was with the way all tickets in the province were handled, not just the peculiar circumstances of Bove’s case. Because the law makes a photo radar ticket prima facie evidence of guilt — that is to say, it is accepted at face value — the government must be held to a high standard.
This should stop Toronto Mayor and Ontario Premiers plans to lift the partial ban on speed cameras in ON and lead to a ban on all of them.
I would think this can be used to demand the same here and other jurisdictions and if not use in court to force it.
I hope there is English version of decision or CanLII will have it soon. The following news article says the attached copy is in French. See the orginal version and translated version below via Google.
Someone needs to challenge a ticket in Winnipeg and other jurisdictions and rely on this decision.
Original in French
Directeur des Poursuites v. Bove