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SECTION 10 - CASE LAW
10.5
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. Meyer (P.O.A. Appeal Crt.)
On appeal, Court held that there must be evidence that
the radar device was “capable of registering the speed
of vehicles”.