The accused was charged with driving while prohibited under the British Columbia Motor Vehicle Act.
The trial judge acquitted the accused, finding that the combined effect of ss. 92 and 94(1) created an absolute liability offence punishable by imprisonment, violating s. 7 of the Charter.
The summary conviction appeal court and the Court of Appeal upheld the acquittal.
The Supreme Court of Canada dismissed the Crown's appeal, holding that the offence is one of absolute liability because the prohibition is automatic and without notice, effectively removing the defence of due diligence.
However, the Court found no Charter violation because s. 4.1 of the provincial Offence Act precludes imprisonment for absolute liability offences.
A new trial was not ordered due to the unfairness to the accused.
