The defendant was charged with one count of failing to stop for a school bus with overhead red lights flashing, contrary to section 175(11) of the Highway Traffic Act.
The prosecution relied on circumstantial evidence and the presumption of regularity to prove that the front overhead lights were flashing.
The court found that the presumption of regularity did not apply, citing R. v. Perry, and that the circumstantial evidence was insufficient to prove the essential element beyond a reasonable doubt, as other reasonable inferences consistent with innocence could be drawn from the evidence and lack thereof.
The charge was dismissed.
