$90,000 in legal fees for a $54 ticket

[markom]

OTTAWA — Canada's top court will hear an appeal from the province of Alberta of a court order to pay costs in the case of a man who fought a $54 unilingual traffic ticket.


The ticket, issued in 2003 for making an illegal left turn, was challenged by a francophone Alberta truck driver named Gilles Caron, because it was not written in French. A provincial court supported the challenge, declaring Alberta's Languages Act unconstitutional.


No date has yet been scheduled for the appeal in the Supreme Court of Canada, which will rule on whether the Alberta government must pay Caron $90,000 in legal costs.


In July 2008, a provincial court judge quashed the traffic ticket given to Caron, ruling that — because the ticket was written in English — his constitutional rights had been breached and he was not guilty of the offence.


http://www.ottawacitizen.com/life/Alberta+takes+fight+costs+language+case+court/1935978/story.html

Got a unilingual ticket? Contest!

[Troodon]

Wtf?

[cooolway]

I gotta use that excuse for my next speeding ticket.

[drowsy]

Just send him another ticket in French. Problem solved.
Legal fees? What legal fees? He can pay those himself.

[Akraz]

Just send him another ticket in French. Problem solved.
Legal fees? What legal fees? He can pay those himself.

Well, i think the problem was the original sign that showed no left turns wasn't in french

This type of court case you hear in the states lol

[BornRuff]

Just send him another ticket in French. Problem solved.
Legal fees? What legal fees? He can pay those himself.

Well, if the state was in the wrong, why should the individual be forced to foot a 90k bill just to enforce their rights?

Weather or not you agree with the verdict is not really important. That isn't what is being determined here. The question is essentially who is responsible for paying the legal fees in this case. Having to give up 90k to enforce your rights doesn't sit well with me.

[drowsy]

Well, i think the problem was the original sign that showed no left turns wasn't in french

A road sign? No left turn? In English? Right... Where do you buy your herbs in Mississauga? ;)

[appleb]

How can you misinterpret this sign. Even if it's in Swahili you should be able to understand this!

http://i7.photobucket.com/albums/y254/pj117/No_Left_Turn_sign.jpg

[Jon Lai]

How can you misinterpret this sign. Even if it's in Swahili you should be able to understand this!

http://i7.photobucket.com/albums/y254/pj117/No_Left_Turn_sign.jpg

+1

There's no English on it either.

[Octavius]

Well, if the state was in the wrong, why should the individual be forced to foot a 90k bill just to enforce their rights?

Weather or not you agree with the verdict is not really important. That isn't what is being determined here. The question is essentially who is responsible for paying the legal fees in this case. Having to give up 90k to enforce your rights doesn't sit well with me.

Assuming the SCC upholds the lower court decisions, I guess this means that if I get any sort of ticket in Quebec (assuming of course that they're all only in French) that I can use the same defense...

[TheFuteballer]

It's not about the sign!!! It's about the TICKET not being bilingual which is part of Canadian law that states everything has to be written bilingually. That is why he is challenging this.

[JAGpilot]

How hard is it to send the guy another ticket in French or have someone translate it for him at the court?

[Asmegin]

How hard is it to send the guy another ticket in French or have someone translate it for him at the court?

I guess the original has to be in French as well

[jp06]

I guess the original has to be in French as well

BS excuse lol.... But i guess Alberta courts got burned on this one. Too bad Toronto Parking enforcement have it all figured out already. But wait, street signs aren't in French, so does that mean French ppl can park wherever they want and have their ticket thrown out in court due to the language barrier? Like the "NO STANDING" signs, there's none in french.

[abu_sme]

only in Canada...

[BornRuff]

Assuming the SCC upholds the lower court decisions, I guess this means that if I get any sort of ticket in Quebec (assuming of course that they're all only in French) that I can use the same defense...

Well, ignoring that fact that I explicitly said this case has nothing to do with if you believe the decision on the original case was correct.......

The decision means that police forces need to ensure they are following the constitution. If they do, then this type of defense wont come up again.

[Jon Lai]

It's not about the sign!!! It's about the TICKET not being bilingual which is part of Canadian law that states everything has to be written bilingually. That is why he is challenging this.

But then wouldn't the signs also have to be "written" in both languages as well?

Assuming the SCC upholds the lower court decisions, I guess this means that if I get any sort of ticket in Quebec (assuming of course that they're all only in French) that I can use the same defense...

Agreed. The outcome to this case may become a slippery slope...

[cooolway]

Assuming the SCC upholds the lower court decisions, I guess this means that if I get any sort of ticket in Quebec (assuming of course that they're all only in French) that I can use the same defense...
You don't have to be in Quebec to use that excuse, you can use it anywhere in Canada.

[Octavius]

You don't have to be in Quebec to use that excuse, you can use it anywhere in Canada.


True, but I just *really* hate Quebec. It also seems to me that they would be less likely to have things in both official languages.

Hell, I've seen more stuff in Alberta that's bilingual than I did in Quebec when I lived a 5 minute drive from Gatineau.

As I mentioned before though, should be an interesting case. I'm eager to hear what the SCC has got to say on the matter.

[spf1971]

Hell, I've seen more stuff in Alberta that's bilingual than I did in Quebec when I lived a 5 minute drive from Gatineau.



That's because while Canada is bilingual, the individual provinces are not (with the exception of New Brunswick).

Federal matters have to be offered in both official languages but Provincial do not.

[BornRuff]

True, but I just *really* hate Quebec. It also seems to me that they would be less likely to have things in both official languages.

Hell, I've seen more stuff in Alberta that's bilingual than I did in Quebec when I lived a 5 minute drive from Gatineau.

As I mentioned before though, should be an interesting case. I'm eager to hear what the SCC has got to say on the matter.

The SCC is just ruling on who has to pay the legal costs, nothing else. They are not discussing the constitutionality of Alberta's Provincial Language Law that takes away french language rights in the province. So ya, don't hold your breath.

[fakishan]

How hard is it to send the guy another ticket in French or have someone translate it for him at the court?
I guess the Albertan court he went to challenge ticket was as thick as some people here. Adds nicely to Alberta's 7 billion deficit. Should of just given him a ticket French right there and then.

[bubble.tea]

How can you misinterpret this sign. Even if it's in Swahili you should be able to understand this!

http://i7.photobucket.com/albums/y254/pj117/No_Left_Turn_sign.jpg

You're a prejudiced bastard! What's wrong with Swahili? :lol:

[Majinvegeta]

There is a big difference in the no left turn sign between English and French.


http://www.wired.com/images_blogs/autopia/images/2007/12/12/no_left_turn.gif

English

http://static.squidoo.com/resize/squidoo_images/-1/draft_lens1878564module9096918photo_1208106771No_R ight_Turn_sign.png

French

[Jon Lai]

There is a big difference in the no left turn sign between English and French.


http://www.wired.com/images_blogs/autopia/images/2007/12/12/no_left_turn.gif

English

http://static.squidoo.com/resize/squidoo_images/-1/draft_lens1878564module9096918photo_1208106771No_R ight_Turn_sign.png

French

Ha.. ha..

[oasis100]

Learn to read.
He contested the fact that the ticket was written in english only, not what was on the sign. These sign pictures irrelevent.

[rf134a]

Bilingualism is a huge waste of time, money & resources. I'm bilingual and I've never used French out West. It's time to drop it and save EVERYONE some money. Or let the provinces decide.

[ConsumeristHero]

Learn to read.
He contested the fact that the ticket was written in english only, not what was on the sign. These sign pictures irrelevent.

Dear sir,
Your sense of humor recognition hardware seems to be malfunctioning. Please repair.

[BornRuff]

Bilingualism is a huge waste of time, money & resources. I'm bilingual and I've never used French out West. It's time to drop it and save EVERYONE some money. Or let the provinces decide.

lol, I don't think you quite get the point. The idea is not for everyone to have to know both languages, the idea is that people have a right to be able to interact with the government in either of the official languages, of their choosing. If I am more comfortable in french, I should be able to interact with the government in french.

Saying "hey, I know both so I don't care which one you use" isn't very helpful.

[oasis100]

Dear sir,
Your sense of humor recognition hardware seems to be malfunctioning. Please repair.

Dear Mam, ur not funny..

:o

[calgaryhhr]

There is a big difference in the no left turn sign between English and French.


http://www.wired.com/images_blogs/autopia/images/2007/12/12/no_left_turn.gif

English

http://static.squidoo.com/resize/squidoo_images/-1/draft_lens1878564module9096918photo_1208106771No_R ight_Turn_sign.png

French

I should file a lawsuit on behalf of the blind because I don't see braille on either of those signs.:lol:

[Jon Lai]

I should file a lawsuit on behalf of the blind because I don't see braille on either of those signs.:lol:

You can't have a valid license if you're blind. ie., you would be charged with driving without a valid license.

[blakjak]

I have no doubt this person understood exactly what was written on the ticket. He was just trying to get out of paying it by using the language on it as an excuse. That ploy will probably end up costing him $90K (instead of $54), even though he was "right" in the eyes of the courts.

At any rate, I hope it was worth it for either party. Regardless, someone's going to be out at least 90K when the dust settles (lawyers excluded).

[win-star]

If he's a truck driver that travels across Canada, that means he'll be traveling to the US, what if he get's a ticket in the US ... what will his excuse be there? because in use their second language is Spanish

[the_fm]

If he's a truck driver that travels across Canada, that means he'll be traveling to the US, what if he get's a ticket in the US ... what will his excuse be there? because in use their second language is Spanish

can't because the US doesn't have an official language as Canada which is english and french