The respondents were issued speeding tickets under the New Brunswick Motor Vehicle Act.
They failed to pay the fines and did not appear in court, resulting in convictions without a trial pursuant to s. 16 of the Provincial Offences Procedure Act.
The respondents challenged the constitutionality of s. 16, arguing it infringed their right to be presumed innocent and to a fair hearing under s. 11(d) of the Charter.
The Supreme Court of Canada held that s. 16 does not infringe s. 11(d), as the regulatory scheme provides sufficient safeguards and notice such that an accused's failure to act constitutes a valid waiver of their s. 11(d) rights.
