The defendant, charged with speeding under the Highway Traffic Act, brought a Charter motion arguing that proceeding by certificate evidence without the charging officer's attendance violated sections 7 and 11(d) of the Charter, seeking a stay or an order for the officer to attend.
The court dismissed the section 7 argument, noting that speeding is an absolute liability offence with no risk of incarceration.
For section 11(d), the court applied a contextual approach for regulatory offences, finding that the right to cross-examination is limited and requires a showing of material irregularity under section 49(4) of the Provincial Offences Act.
The court found the defendant's request for the officer's attendance was based on speculation and did not meet the threshold for a material irregularity, dismissing the Charter motion and the request to compel attendance.
