Kustom Signals Falcon HR, Operator'S Manual

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SECTION 10 - CASE LAW
10.1
10. CANADIAN CASE LAW
This section is included so radar operators and those
individuals responsible for prosecuting traffic arrests can
familiarize themselves with the more important legal cases
involving the use of traffic radar. To obtain additional
information on the referenced material, consult your
community’s local law library or the prosecutor’s office.
Since the Falcon HR is a Doppler based traffic radar
system, some older case law is presented because of its
significance to the acceptance of the Doppler principles as
well as the basic requirements of operator training.
R. v. Grainger (O.C.A.) 1958
Speed by radar: Counsel argued it must be established
that radar, when properly used, was capable of
registering speed of a motor vehicle on a highway and
that the machine was in good working condition and
was properly used.
HELD: On summarized evidence it was implicit that
radar when properly used is capable of registering
speed of motor vehicle and at time was being properly
used and in good working order. As defence merely
claimed but did not show machine subject to
weaknesses, conviction proper on weight of evidence.
R. v. Werenka (Alta. Q.B.) 1981
ISSUE: What evidence Crown must establish to prove
prima facie case where speed by radar.
HELD: Crown only had to prove prima facie case. Not
obliged to demonstrate that the instrument was capable
of accurately registering speeds over the entire range of
the instrument where there was no evidence to throw
doubt on the officer’s evidence.
1.
qualified operator