The prosecuting municipality sought certiorari and mandamus under s.140 of the Provincial Offences Act to set aside a justice of the peace’s order quashing a certificate of offence for speeding under s.128 of the Highway Traffic Act.
The justice had ruled that the certificate disclosed no offence because the word “speeding” was not used in the offence description.
The Superior Court held that the certificate sufficiently described the offence by referencing the statutory provision and factual particulars, satisfying s.25 of the Provincial Offences Act.
Alternatively, even if deficient, the justice was required to permit amendment under s.34 absent prejudice.
The justice erred in quashing the certificate on her own initiative and misapprehended the amendment power under the Act.
