Kustom Signals Falcon HR, Operator'S Manual

Page: 68 / 97

SECTION 10 - CASE LAW
10.10
R. v. Axler (Unreported August 20, 1981, Prov. Off. App.
Ct.)
His Honour, Provincial Court Judge R.B. Dnieper.
Radar alone is good evidence. After 42 years of use,
the courts will accept as prima facie evidence, the
accuracy of radar devices. No longer is radar merely
corroborative evidence. It is now primary evidence.
Before the prima facie rule applies, it has to be
established in evidence that:
1. the radar machine was in proper working order, and
2. the radar operator was qualified to operate the
machine in question.
At all times, the onus is on the crown to prove its case
beyond a reasonable doubt.
R. v. Seymour (Unreported, June 16, 1982 Prov. Off.
App. Ct., County of Huron, Ont.)
The crown must establish in evidence that the officer is
a person who has been properly trained in the use of the
device and further, that at the time in question the radar
device was operating accurately.