Relevant sections of law
Scenario #1 – A potential client walks in….He says that he’d been pulled over and charged with Failing to Stop for a Stop Sign. The potential client says that there was no stop sign placed at the intersection and so he proceeded through it without stopping. You drove to the intersection for a look and see that there is in fact a stop sign placed at the intersection. Please find the relevant section of the Highway Traffic Act with respect to stop signs. Please also find any relevant regulations and/or bylaws that speak any requirements that must be followed regarding stop signs, eg. size, colour, visibilty. Please then locate case law that would support your client at trial.
Scenario #2 – A potential client walks in….She yells into your office and says that she has been charged with Assault under the Criminal Code and is in a panic. She has the Crown’s disclosure and you see that they have elected to proceed on Summary Conviction. The potential client says that in broad daylight, they witnessed someone attempting to steal an old lady’s purse right out of her hands. They ran across the street and proceeded to punch and kick the would-be robber and when he fell down, they sat on him to stop him from running away. When the police arrive, they arrest and charge the robber but they also charge your potential client with Assault. Please locate the relevant sections dealing with Assault and discuss whether the use of reasonable force can be contemplated by the Judge at trial. Please find supportive case law and discuss the elements that would constitute assault and whether it might be justifiable as a reasonable use of force. If you were the Crown Prosecutor in this case, what would be your argument to counter the defence of reasonable force?
