C-24.2 - Highway Safety Code

Section 602.8 Disposition versions

2024-07-01

602.8. In the case of an offence observed by means of a photograph or series of photographs taken by a detection system, a peace officer, the supplier of such a system, its manufacturer or any person authorized to carry out maintenance on the system is not required to give oral testimony at trial unless a summons authorized by a judge requiring the person to attend to testify is issued in accordance with the Code of Penal Procedure (chapter C-25.1). In such a case, article 63 of that Code does not apply.

The judge shall authorize a summons referred to in the first paragraph only if satisfied that the testimony of that person is useful to allow the prosecutor to prove the commission of an offence, to afford the defendant the benefit of a full and complete defence or to allow the judge to rule on a question submitted to him, as applicable.

In the case of a failure to comply observed by means of a photograph or series of photographs taken by a detection system, a peace officer, the supplier of such a system, its manufacturer or any person authorized to carry out maintenance on the system is not required to make representations, unless compelled to do so by the person responsible for hearing the contestation, who may impose it only if satisfied that the representations of that person are useful to prove the failure to comply, to enable the applicant to submit observations and avail himself of the right to be heard, or to allow the person responsible for hearing the contestation to rule on a question submitted to him, as applicable.

2024, c. 10, s. 22.

Not in force

In force: 2024-07-01

602.8. In the case of an offence observed by means of a photograph or series of photographs taken by a detection system, a peace officer, the supplier of such a system, its manufacturer or any person authorized to carry out maintenance on the system is not required to give oral testimony at trial unless a summons authorized by a judge requiring the person to attend to testify is issued in accordance with the Code of Penal Procedure (chapter C-25.1). In such a case, article 63 of that Code does not apply.

The judge shall authorize a summons referred to in the first paragraph only if satisfied that the testimony of that person is useful to allow the prosecutor to prove the commission of an offence, to afford the defendant the benefit of a full and complete defence or to allow the judge to rule on a question submitted to him, as applicable.

In the case of a failure to comply observed by means of a photograph or series of photographs taken by a detection system, a peace officer, the supplier of such a system, its manufacturer or any person authorized to carry out maintenance on the system is not required to make representations, unless compelled to do so by the person responsible for hearing the contestation, who may impose it only if satisfied that the representations of that person are useful to prove the failure to comply, to enable the applicant to submit observations and avail himself of the right to be heard, or to allow the person responsible for hearing the contestation to rule on a question submitted to him, as applicable.

2024, c. 10, s. 22.