The defendant was charged with speeding (76 km/h in a posted 50 km/h community safety zone) contrary to section 128 of the Highway Traffic Act.
The defendant brought a Charter application under section 7 and subsection 24(1) of the Canadian Charter of Rights and Freedoms, arguing that the prosecution failed to provide adequate disclosure.
Specifically, the defendant contended that the investigating officer's notes, prepared on a pre-typed template containing pre-written assertions about the radar device functioning properly and the vehicle appearing to exceed the speed limit, constituted "canned evidence" and inadequate disclosure.
The defendant sought a stay of proceedings.
The court found that the defendant failed to prove on a balance of probabilities that his section 7 Charter rights had been violated.
The court concluded that the template notes, including pre-printed portions, constituted adequate disclosure of the officer's anticipated evidence, particularly given the officer's testimony about his standard practices and the reliability of the pre-determined statements.
