STI Driver Seized, Ontario

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Originally Posted by wolfpacal

Hey Wannago, how do AB LEO's treat people with RD's? Is there ever talk of making them illegal there too?

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RDs have been allowed here for so long, the cops don't even bat an eye at them. They are prominently displayed on windshields all over the place, even during traffic stops. I haven't heard any talk about changing the law. Good 'ol redneck Alberta!

There was a cop on a local automotive forum claiming that he had twice charged drivers with obstructing a police officer (by using jammers), and that he had actually arrested the drivers and had their cars towed. Several of us challenged him to provide proof, but he never did.

So, this appears to be a relateively new strategy that I have seen talked about in other areas as well. I think that if a driver employs JTK rather than JTG, the chances of being a vicitim of this tactic should be greatly minimized, and I think it would be easily defended against in court...(there could be many reasons why it took the cop a few seconds to get a speed reading).

What's interesting is RDs are legal in Alberta, British Columbia and Saskatchewan but illegal in all other provinces.

Sounds like Ontario is the worst as far as draconian enforcement goes. I wonder how it is in Quebec, New Brunswick, Newfoundland, PEI and Nova Scotia.

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Originally Posted by kpatz

What's interesting is RDs are legal in Alberta, British Columbia and Saskatchewan but illegal in all other provinces.

Sounds like Ontario is the worst as far as draconian enforcement goes. I wonder how it is in Quebec, New Brunswick, Newfoundland, PEI and Nova Scotia.

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Probably just as bad if not worse. Quebec is as brutal as Ontario. Not sure about the Maritime provinces, just know CM's are illegal there too.

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Originally Posted by Wannago

35Kg (4 million dollars) worth of cocaine is one thing, and admittedly is akin to weapons, kidnapping, and terrorism, but you are really making a strech to lump RDs into that same category. Criminal offenses vs misdemeanor Highway Traffic Act violations. No comparison...

Just because "overzealous" cops have blatantly violated the Charter when it comes to traffic stops and specifically the use of RDs, does not mean that the courts likewise support this breach. I don't believe there is any proof (yet) that a court has deemed it acceptable to violate a person's constitutional rights for the possession of a RD. If there is, I haven't seen that caselaw.

It will be interesting to see how Dcdave's case turns out, although I am not familiar with his case nor the defensive strategy he intends to argue.

People have to stand up for their rights - if they don't, then they will just continue to get abused. The cops can do whatever they feel is appopriate, but the courts ultimately say whether they are right or not. I can't see any judge allowing a breach of the charter in support of this type of traffic act violation.

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I am the case law. I have been fighting this ridiculous law in Ontario since 1989. I was the first to bring a constitutional challenge against the prohibition of detectors in Ontario. (How do you think I'm so familiar with what can and can't be done by cops in Ontario when it comes to radar detectors.) My case has been used as precedent since 1990. I unfortunately caused the courts in Ontario to give judicial notice to the VG-2, and subsequently the spectres.


Another member who used to frequent this forum (sonny stone) has also attempted to have this law overturned on constitutional grounds. He has also been unsuccessful at the appeals level.

So far, no one in Ontario has chosen to appeal this to the Supreme Court of Ontario. I have on record from my own appeal that the Attorney's General (Federal and Provincial) will intervene if and when this case makes to the higher courts on appeal.

J/

I've got an idea... How about: upon being pulled over... You put the detector in your pocket!!! I don't believe they can search your person.

Search my car all you want officer, heck, even tow it if you'd like. You aren't searching me, giving me a ticket, or stealing my detector. Thank-you.

Ub I tried that exact strategy. The LEO told me no problem, he would arrest me for obstruction, search me, find it, and then take me in to custody anyway. Wasn't worth it for me. Ontario blows! No rights for individuals against unreasonable search. LEO's in this province probably equate RD's to drugs. That's how bass ackwards this place is.

Have you considered moving to Michigan? Slowly dying State with plenty of cheap houses (in foreclosure).
Not too many high paying jobs available, but you get to carry a gun and have a radar detector in your car. :)

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Originally Posted by Riff

Have you considered moving to Michigan? Slowly dying State with plenty of cheap houses (in foreclosure).
Not too many high paying jobs available, but you get to carry a gun and have a radar detector in your car. :)

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I've been chomping at the bit to move back to the States. Lived in Sugarland, TX for 4 years. Loved it there. The wife on the other hand, is not keen on returning to the US. I may have to find a new wife.

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Originally Posted by wolfpacal

Ub I tried that exact strategy. The LEO told me no problem, he would arrest me for obstruction, search me, find it, and then take me in to custody anyway. Wasn't worth it for me. Ontario blows! No rights for individuals against unreasonable search. LEO's in this province probably equate RD's to drugs. That's how bass ackwards this place is.

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Courts have dealt with this as well. While cops may threaten to you arrest you, the Courts have ruled that placing a person under arrest for "obstruction" so they can go and search you based on a hunch is not allowed. Even though an individual's rights are greatly diminished in Ontario, you still have the right not to cooperate with a cop's investigation. You have to comply with simple orders like "show me your documents" but just because a cop "thinks" you have a detector doesn't mean you have to help him find it.

J/

That's ridiculous. No country that claims it is free anymore actually is. A radar detector is illegal? Stupid. They just want their billions of dollars in alternative taxation revenue to pay for that free health care system. They'll be illegal in all states in the US soon I'm sure of that since we are the land of the not free.