Review instructions and ensure you understand requirments

Reference no: EM133388119

Case Study: McDonald was a farmer and the owner of a four-ton Massey-Ferguson tractor. Due to the massive size of the tractor, it had a large platform behind the driver's seat. McDonald had been unable to have her vehicle checked in February because bad weather had made her tractor ice-locked in the shed during the entire month. She had the tractor inspected on April 1 as soon as the weather warmed up. One beautiful spring Sunday in April, McDonald decided she would take her family (a husband and 11 children) for a picnic. Accordingly, she loaded her family and some food onto the back of the tractor so that the food containers were resting on the platform, and her husband and 11 children were all standing on the platform. She drove a few kilometers up the road towards a river where she intended to have the picnic. She had only gone part of the distance when Constable Plod stopped her. He said, "Why don't you have a red flag on the back of your tractor?" McDonald replied, "I didn't know I had to have a red flag". Constable Plod said "You are required by the Ontario Carriage of Persons Act to have a red flag on the back of your tractor. I am going to charge you".

McDonald was charged under s. 5 and s.7 of the Act, which states:

s.5 Red Flag

Any vehicle adapted for the carriage of more than eight persons shall display at its rear a red flag at all times while it is on a public road.

s.7 Vehicle to be Checked

The owner of any vehicle referred to in section 5 of this Act, unless prevented by war, disturbance, or any other cause, shall have his vehicle mechanically checked during the month of February each year.

QUESTIONS

Acting as defence paralegal for McDonald, what arguments would you use on her behalf?
Acting as the provincial prosecutor, what arguments would you make against McDonald?
Assignment Steps
Review the instructions and ensure you understand the requirements and expectations.
Carefully read the scenario and the fictitious legislation provided.
Isolate the relevant sections and its elements, determine the meaning of each element using the rules of interpretation, and apply the law to the facts provided. Be certain to provide support for your answers.
In memorandum format, draft your submissions. Adopt the structure of the questions and deal with each part separately.

Reference no: EM133388119

Questions Cloud

Mri procedures between clinics and hospitals : What are policy recommendation for Comparing the average number of MRI Procedures between Clinics and Hospitals (all states).

How would the concept of accessibility and intersectionality : How would the concept of accessibility and intersectionality learned in KINE1000 would be an asset to you as a practitioner in physical therapy.

Examining the impact on patient care delivery : What is the time and effort it will take to acquire the information/data and read the articles? What is written in the literature by scholars on the topic?

Example of a public health problem : Provide an example of a public health problem that you think could best be addressed by passing a law.

Review instructions and ensure you understand requirments : Acting as defence paralegal for McDonald, what arguments would you use on her behalf? Acting as the provincial prosecutor, what arguments would you make against

Find an example that is substantially important in terms : Find an example that is substantially important in terms of human freedom and dignity, and in terms of human rights.

What are the defining points of the institutional theory : What are the defining points of the Institutional Theory of Organization? Compare and contrast the Institutional Theory of Organization with the Political

Explain why duneier was interested in this topic : Explain why Duneier was interested in this topic. How do we know the author is capturing reality? How does the book pass the test? Is Duneier's portrayal

What are the social attitudes toward your social problem : Describe it. Why is your issue deviant and/or a social problem? Where do you see subjective and objective elements in your social problem/issue?

User Account

All Pages