The appellant was convicted of two provincial offences after failing to appear at his trial dates.
Under s. 9.1(1) of the Provincial Offences Act, he was deemed not to dispute the charges.
He appealed, arguing that s. 9.1 violates s. 11(d) of the Charter by denying him a fair hearing.
The Court of Appeal held that s. 9.1 does not violate the Charter, as the notices provided clear warnings of the consequences of failing to appear, allowing the court to infer a valid waiver of s. 11(d) rights.
However, the appeal was allowed and new trials ordered because the City of Toronto conceded the appellant did not receive a fair hearing on his initial appeals.