The City of Kenora appealed a conviction for speeding entered by a Justice of the Peace.
The respondent was charged with speeding 105 km/h in a 90 km/h zone, but the Crown sought to amend the certificate to reflect evidence of 130 km/h.
The Justice of the Peace declined to amend the certificate upwards and imposed a fine consistent with the original offence notice.
The appeal court dismissed the Crown's appeal, finding that the Justice of the Peace properly exercised discretion under Section 34.1(4) of the Provincial Offences Act by considering the circumstances, including the dynamics of the situation (passing zone on a hill) and the respondent's lack of prejudice.
