GENESIS-VPD™ USER’S MANUAL
48
Rev. 09/04
Owusu v. R.
(P.O.A. Appeal Crt.) 1988
1. It is not mandatory for the speed limit sign to display
a tab sign below.
See Reg. 486 (d) “MAY” display...
2. There is no statutory provision in Ontario Highway
Traffic Act, for the admissibility
Of a certificate as to the accuracy of the tuning forks.
(Alberta Court of Appeal decision Re: speeding and
necessity to file certificate distinguished)
R. v. Wagner
(1999), Ontario Court of Justice
The appellant in this case as charged for speeding and
requested a trial. The officer in charge of the matter
encouraged the woman to plead guilty in exchange for a
reduction of the offence by 10 km/h. The officer later
had a paralegal approach the woman and offer his
unsolicited opinion that she was unlikely to be
successful at trial and should accept the officer’s
reduction, which she did and plead guilty. She later
appealed the conviction citing that she had been
intimidated into the agreement. In his ruling, Judge
K.P.Evans stated, “This long time practice of having the
charging police officer attempt to negotiate a plea or
arrange a settlement of a case such as this, is archaic
and fraught with dangers to the integrity of our judicial
system as it stands today. The responsibility for offering
or accepting any plea negotiations are solely within the
jurisdiction of the Provincial Prosecutor assigned to the
said Court.” The appeal was granted and a dismissal was
ordered.
R. v. Howe
(P.O.A. Appeal Crt.) 1988
Requirement in Alberta case for a certificate as to
accuracy of tuning forks is unreasonable and not
necessary. See R. v. Bourque (1985 Alta. Q.B.)
