The prosecution charged an individual with smoking tobacco in an enclosed workplace contrary to section 9(1) of the Smoke-Free Ontario Act, and charged the corporate owner of the vehicle with failing to ensure compliance with the Act contrary to section 9(3)(a).
The central issue was whether hearsay evidence from a police officer regarding observations made on a vehicle ownership document and confirmed through Ministry of Transportation database records was admissible to prove the vehicle was a commercial motor vehicle and was owned by the corporate defendant.
The court held that such hearsay evidence was admissible under the principled approach to hearsay, satisfying both necessity and reliability requirements, and was further corroborated by other evidence including the licence plate configuration, absence of a personal-use sticker, and corporate ownership.
Both defendants were convicted.
