CAMERAS HIT ROADBLOCK
March 8, 2003
Lisa Lisle
Ottawa SUN

A recent court ruling in Toronto could give local red-light runners the green light to fight charges resulting from photographs taken by so-called red-light cameras. Randy Smale of the local POINTTS office said he doesn’t normally get a lot of calls from clients concerned about red-light tickets. But if the number of calls going into the Toronto office is any indication of what’s to come, he can expect his phone to be ringing off the hook. “They’ve received a number of inquiries from people who have already paid the tickets,” said Brian Lawrie, founder of the paralegal agency that fights traffic tickets. In light of the ruling, Lawrie is encouraging people in other jurisdictions to fight the tickets.

Justice of the Peace Grace Lau ruled Tuesday that photographs taken by cameras at red lights are not admissible as evidence. Believed to be the first in the province, the ruling rejects a red-light photo as evidence because a code was superimposed on it instead of the location where the offence took place.

While the City of Toronto has asked the courts to adjourn all trials involving tickets issued as a result of cameras posted on Toronto street corners pending an appeal of the ruling, it’s business as usual in Ottawa. City lawyer Dave White, who also chairs the provincial Red Light Prosecutor Working Group, said the decision isn’t precedent-setting since it was handed down by a justice of the peace. Decisions at that level face up to four levels of appeal. Believing an appeal will be successful, White expects most offenders to be convicted. If Toronto’s appeal fails, Les Kelman, director of Toronto’s traffic management center, said the camera manufacturer will be asked to change the program so the intersection appears on all photos or city officials will simply ask the province to amend the section of the Ontario Highway Traffic Act that deals with red-light cameras to specifically allow codes instead of locations.

Until that happens, Lawrie’s advice to anyone receiving one of the $190 tickets is to plead not guilty. “Yes, a picture is worth a thousand words, but that picture has to be accurate for it to be worth anything,” he said, adding there’s often extenuating circumstances not shown in the photo.