The accused was charged with driving while disqualified contrary to section 259(4)(b) of the Criminal Code.
The accused was operating an electric bicycle (E-bike) while subject to a prohibition order against driving motor vehicles.
The central issue was whether an E-bike constitutes a motor vehicle under the Criminal Code definition.
The court found that the E-bike qualified as a motor vehicle because it was capable of being propelled by an electric motor.
However, the accused successfully raised the defence of officially induced error, having consulted with police officers who advised him that driving an E-bike would not violate his prohibition order.
A judicial stay of proceedings was entered.
