Re: Lifejacket Ticket in Keswick, Ontario
Glad to here they dropped the charge. I was nailed once in
burlington windsurfing. Very frustarting.
Now if I go to a place with prowling authorities I just use one of
those inflatable one from cantire that are a little fanny pack.
The cops may still stop you thogh as a friend had that happen and he
had to show him the tag on it to prove it was legal!
--- In email@example.com, "Paul Tae" <ptae@y...> wrote:
> Just thought I would let everyone know about how things went
> day in court.
> On May 10, 2004 I was kiteboarding from kitebeach in Keswick,
> Ontario, Canada. When I came to shore an officer approached me
and asked me
> why I wasn't wearing a like jacket. I said I didn't know I needed
> said that as I was "windsurfing", I did need one. I said this
> windsurfer, it's a kiteboard. The conversation became ridiculous
> frustrating. He gave me a ticket and would not listen to reason.
> other kiteboarders tried to reason with him also to no avail. He
> without giving out any other tickets (i.e. to any of the other
> or actual windsurfers.)
> That is the history. I just had my day in court on November
> 2004. I'm happy to say that I won. I disappointed in the way I
> dropped the charge. What a waste of time. I was prepared to
> charge to set a precedent. For those who are interested, they
> with being in violation of section 16.01 of the "Small Vessel
> which is part on the Canada Shipping Act. According to their line
> reasoning I would need to have a lifejacket, a buoyant heaving
line (so I
> could be towed), a paddle or anchor, a bailer, a flashlight or
flare gun and
> a whistle. I hope everyone is getting a chuckle out of that.
> Anyway, according to section 3.(2) of the same act, the act
> apply to "floating devices" under 2m in length. My board was
1.2m. I was
> confident of a win in court.
> I spoke to one of the officers at the court and he said that
> would be changing the act so that it covered kiteboarding.
> I actually called the Marine Unit a couple of days after I
> ticket and spoke to the officer's supervisor. All the officers
> discussing the situation as they weren't sure about the whole
> never given out such a ticket before. They even consulted with
> Guard and called me back a week later. Unfortunately, at the time
> decided to continue with the ticket.
> I hope this experience can be of some help. Has anyone else
> similar experience? Are there any lawyers out there who might
> opinion what my defense would have been?
> Paul Tae