Catherine Harper

The Corporation of the City of London appealed the dismissal of a Provincial Offences Act charge against Christopher Sheeler for driving with no currently validated permit.

The trial justice of the peace dismissed the charge, believing viva voce evidence was required for identification despite the prosecution relying on certified evidence (Certificate of Offence and Plate-by-Date search) under section 48.1 of the POA.

The appeal court found that the trial justice erred in law by requiring viva voce evidence and making a finding not supported by the evidence, as certified statements are proof of facts in the absence of evidence to the contrary.

The respondent did not call any evidence.

Media outlets sought access to photographic exhibits from a 2003 guilty plea proceeding involving assault charges, to be used in reporting on the defendant's current murder charges.

The court balanced the open court principle and freedom of expression against fair trial rights and privacy concerns.

The court granted limited access to photographs of the weapon only, while denying access to photographs of the victim's injuries due to their inflammatory nature, the risk to jury impartiality, and the victim's privacy rights.

Media outlets applied for access to exhibits filed in 2003 proceedings where Bruce McArthur pleaded guilty to assault causing bodily harm and assault with a weapon.

The exhibits included a psychological report and pre-sentence report.

McArthur, facing murder charges, opposed release arguing it would prejudice his fair trial rights.

The court applied the Dagenais/Mentuck test and granted access to the reports with redactions of family members' names and residential information, finding the open court principle presumptively favoured disclosure and McArthur failed to establish a serious risk to fair trial rights.