The appellant appealed his conviction for operating a commercial motor vehicle with an insecure load contrary to section 111(2) of the Highway Traffic Act.
The central issue was whether the Crown was required to prove that the vehicle was a commercial motor vehicle weighing over 4,500 kilograms.
The court held that the offence under section 111(2) does not require proof that the vehicle is commercial; rather, the commercial motor vehicle designation is a penalty provision under section 111(5).
The court further held that the weight threshold is an exception or exemption that must be proven by the defendant under section 47(3) of the Provincial Offences Act.
The appeal was dismissed.
