💺 Seat Belt Defence Kit

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   How this course works Short pages, a quick check on each, then a final quiz.
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   Important: this is not legal advice Educational self-help only.
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   The big idea — due diligence is a complete defence Seat-belt offences are strict liability, not absolute.
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   s. 106(2) — the driver seat-belt offence Wear the complete assembly — pelvic and torso.
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   s. 106(4) — the passenger-under-16 offence The driver, not the child, bears the obligation.
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   Strict liability — the Kanda / Sault Ste. Marie framework Three categories of offence; seat belts are the middle one.
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   The statutory exemptions — s. 106(6) and 106(7) Medical, work, and reverse-driving exemptions.
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   What to look for Position, distance, window, belt and clothing colours.
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   Independent recollection — R. v. Colangelo Memory must go beyond the notes.
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   Observation angle and distance A moving vehicle, at distance, through a window, in seconds.
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   The medical exemption — what ‘hold’ means ‘Hold’ means possess — not carry on you.
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   Does a chiropractor qualify? ‘Legally qualified medical practitioner’ is a broad phrase.
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   The under-the-arm defence — R. v. Chadband (read carefully) Narrow, risky, and likely to fail — use the medical exemption instead.
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   The belt-removal defence — document handover Belt on while driving, off only after a full stop.
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   The contrast argument in cross-examination Belt colour vs clothing colour — the central reliability point.
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   The Kanda due-diligence defence You buckled the child; the child self-unbuckled unseen.
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   The age element — the hearsay problem The Crown must prove the child was under 16 — by admissible evidence.
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   The child rarely gets called In practice the Crown won’t subpoena a child to prove age.
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   The necessity defence — R. v. Perka Removing your belt to re-secure an unrestrained child.
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   The notes challenge — build the standard Accurate, complete, clear picture — then probe recollection.
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   The observation-quality cross First sighting, duration, distance, speed, contrast.
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   Should you testify? — usually yes The due-diligence defence almost always needs your evidence.
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   How to give evidence — the narrative rule No lawyer asks you questions; you tell your story directly.
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   The topics your narrative must cover A map of the territory — not a script.
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   The passenger witness Independent corroboration — especially in Module B.
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   W.D. and the reasonable doubt standard Open every submission with the framework and the standard.
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   Tailored submission — Module A (driver belt) Observation quality, Chadband, belt removal, medical exemption.
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   Tailored submission — Module B (child passenger) Kanda due diligence, the age element, necessity.
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1. 1
   Trial-day checklist Your order of operations on the day.
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   Case law library The cases most often relevant — for your reference.
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