M. Pelham

The defendant was charged with speeding at 115 km/hr in a 100 km/hr zone.

The prosecution proceeded solely by filing a Part I Certificate of Offence as certified evidence under s. 48.1 of the Provincial Offences Act, calling no other evidence.

The defence challenged the prosecution's ability to proceed by certified evidence on four grounds: that the Certificate of Offence is not a certified document, that s. 48.1 POA is unavailable for non-automated-enforcement HTA offences, that the provision reverses the burden of proof and denies full answer and defence, and that the Certificate alone cannot establish guilt beyond a reasonable doubt.

The court rejected all four arguments, applying principles of statutory interpretation and legislative conflict analysis, and found the defendant guilty.

The revocation of O. Reg. 132/14, s. 1 removing the prior prohibition against certified evidence for speeding offences was determinative of legislative intent.

The defendant, Jaelen Gonsalves-Borrice, was charged with failing to comply with an emergency order under the Emergency Management and Civil Protection Act for attending an outdoor social gathering during Ontario's "Stay-at-Home" order.

The defendant, self-represented, argued he was out to obtain food, which was an allowed exception.

The court found that the "obtaining food" exception was intended for individual necessity, not group socializing.

The defendant failed to discharge the onus of proving the exception applied, leading to a conviction.