The appellant was convicted ex parte of driving while his licence was suspended and sentenced to 10 days in jail and a $7,500 fine.
He appealed, arguing that the ex parte trial provisions of the Provincial Offences Act violated his Charter rights under ss. 7 and 11(d).
The Court of Appeal upheld the constitutionality of the ex parte trial provisions, finding that they merely provide a mechanism for proceeding when a defendant fails to appear.
The conviction appeal was dismissed as the appellant offered no valid explanation for his non-attendance.
However, the sentence appeal was allowed, and the fine was reduced to the statutory minimum of $5,000 because the trial judge provided no reasons for exceeding the minimum requested by the prosecutor.
