E. Kocet

The appellant appealed his convictions for driving while his licence was suspended and for possession of a suspended licence contrary to sections 53(1) and 35(1)(b) of the Highway Traffic Act.

The appellant claimed he did not receive notice of the suspension and was unaware his licence had been suspended.

The court found that although the appellant likely did not receive the notice within the statutory deemed notice period, he had been suspended three times previously for unpaid fines and therefore had knowledge of how the suspension system worked.

The court held that the appellant failed to exercise due diligence by not taking any steps to verify his driving status despite knowing he had an unpaid fine and having prior experience with licence suspensions.

The appeals were dismissed.

The Crown appealed a sentence imposed by a Justice of the Peace on the respondent for multiple driving-related offences, including six counts of driving while suspended, driving without a valid permit, and failure to surrender insurance.

The Justice of the Peace imposed intermittent sentences totalling approximately 25 days, concurrent probation with a 45-day house arrest condition.

The Crown argued that the house arrest provision constituted an impermissible conditional sentence under the Provincial Offences Act.

The appellate court found that conditional sentences are not available under provincial legislation and that the Justice of the Peace erred in imposing house arrest as a sentencing option.

However, the Crown sought only a declaration on the legal issue and did not seek re-sentencing, as the respondent had substantially completed the sentence.

The appeal was dismissed without re-sentencing.