The respondent was charged with speeding.
The police officer clocked him at 30 km/h over the limit but ticketed him for 15 km/h over.
When the respondent requested a trial, the prosecutor sought to amend the certificate of offence to reflect the higher speed.
The justice of the peace refused the amendment and convicted the respondent at the lower speed, which was upheld on appeal.
The Court of Appeal held that the actual rate of speed is not an essential element of the offence but is relevant to the fixed penalty, which courts have no discretion to reduce.
The Court also held that 'amending up' is permissible, provided the requirements of s. 34(4) of the Provincial Offences Act are met.
The appeal was dismissed because the municipality only sought guidance and there was no evidentiary finding of the higher speed.
