Four appellants appealed speeding convictions entered under certificate evidence provisions in Provincial Offences Act proceedings.
The appeal court upheld the dismissal of the joint Charter attack on the certificate evidence regime, finding no legal error in the conclusion that the scheme does not itself deny a fair trial where statutory mechanisms exist to compel attendance for cross-examination.
However, three individual appeals succeeded on separate grounds: one because the trial justice misapplied the test for compelling the officer's attendance, one because the trial reasons were insufficient to explain rejection of defence evidence and permit appellate review, and one because summary dismissal of multiple applications without hearing submissions or considering fairness caused a miscarriage of justice.
The fourth appeal was dismissed in its entirety.
