Does anyone have a summary on the legality of this in the various provices in Canada.I am aware of the ruling in Ontario but looking at the law in other provinces.
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Lidar Jammer use in Canada
Does anyone have a summary on the legality of this in the various provices in Canada.I am aware of the ruling in Ontario but looking at the law in other provinces.
Thay are not specifically cited , but genenerally banned under a general rule : '' any devices impeding with speed capture machines ''
They are prohibited in all provinces.
they are a HTA offense but if the LEO is having a bad day he could write you up criminally for interfering with an officer in the course of his duties.
A few people were charged criminally in BC and I believe alberta but as far as I know there is no case law as they never went to trial.
This is why we never Jam To Gun here. Slow down and shut if off, they will have no idea they were jammed. This is the rule to owning a jammer.
See a few of my videos on youtube for an example:
http://www.youtube.com/watch?v=3mTXS5dB3-M
http://www.youtube.com/watch?v=ANXicfZQNvE
Both LEO's wer jammed for a good while...I shut it down and they had no idea they were jammed.
Heres the HTA
Speed measuring warning devices
79. (1) In this section,
“speed measuring warning device” means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment. 1996, c. 33, s. 12.
Speed measuring warning device prohibited
(2) No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a speed measuring warning device. 1996, c. 33, s. 12.
Powers of police officer
(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12.
Forfeiture of device
(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) by means of which the offence was committed is forfeited to the Crown. R.S.O. 1990, c. H.8, s. 79 (4).
Penalty
(5) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. R.S.O. 1990, c. H.8, s. 79 (5).
Exception
(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee. 1996, c. 33, s. 12.
Sale of speed measuring warning devices prohibited
(7) No person shall sell, offer or advertise for sale a speed measuring warning device by retail. 1996, c. 33, s. 12.
Penalty
(Cool Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $1,000; and
(b) for each subsequent offence, to a fine of not more than $5,000. R.S.O. 1990, c. H.8, s. 79
I'm curious where you get the info for your first statement that they are banned in all provinces.
Is there a criminal code (federal) section for laser jammers? Or, is there specific provincial statutes for each province banning the jammers.
Your statement about AB and BC seem a bit contradictory to your opening sentence. Were the cases thrown out because it was an offense unknown to the law?
J/
If in doubt do your own research and come back to clarify the thread.
The charges were challenged under the charter and the defendants won.
It was thought that a conviction would bring the justice system into disrepute.
at the time and as far as I know there still is no federal law that specifically prohibits possessing a jammer in Canada.
Obstructing the police was a very far fetched charge and a very heavy approach to level against otherwise normal law abiding citizens.
It doesn't stop a cop from laying a charge if he decides to though does it?
This is why you slow down and shut it off. Its not worth the risk.
The law can do and get away with anything they please.
You may win at court so long as you havent said anything stupid or made any culpable statements to the officer but why risk getting caught JTG?
Be wise shut them off and owning a jammer will never be an issue for you.
Let the leo do his job and everyone wins.
JTG is asking for trouble and people who do so and get caught deserve the tour of the justice system they will get.
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