A.J. Watson

The defendant was charged with operating a motor vehicle with excess blood alcohol on September 28, 2014.

The defence raised two Charter issues challenging whether the arresting officer had reasonable and probable grounds for the approved screening device demand, alleging breaches of sections 8 and 9 of the Charter.

The court found that the officer had both subjective and objective grounds to stop the vehicle based on speeding and mounting a curb, and that the approved screening device was in proper working order despite being calibrated on the 14th day prior to use.

The defendant was found guilty.

The appellant appealed his conviction for driving while suspended contrary to section 53(1) of the Highway Traffic Act.

The central issue was whether an electric-assisted bicycle (e-bike) with one pedal missing or inoperable constitutes a "power-assisted bicycle" exempt from the definition of "motor vehicle," or whether it becomes a motor vehicle requiring insurance and a valid driver's license.

The trial judge found the e-bike to be a motor vehicle because the pedals were not operable.

On appeal, the court allowed the appeal and entered an acquittal, finding that a power-assisted bicycle with readily available but temporarily detached pedals remains a power-assisted bicycle and is not a motor vehicle under the Highway Traffic Act.

The defendant was charged with three counts of possession of identity documents relating to "Tim Banner" contrary to section 56.1(4) of the Criminal Code.

The Crown's case was essentially admitted.

The central legal issue was whether the Crown must prove that the person to whom the identity documents relate is a real person.

The court held that section 56.1 contemplates both real and fictitious identities, and the Crown is not obliged to prove that the individual named in the government-issued documentation is a real person.

The defendant was found guilty on all three counts.