Court of Appeal for Ontario

Date: 2017-05-18 Docket: C62288

Judges: Hoy A.C.J.O., Feldman and Benotto JJ.A.

Between

Her Majesty the Queen Respondent

and

Richard Pitt Appellant

Counsel

Richard Pitt, appearing in person

Heather Pringle, appearing as amicus

Craig Harper, for the respondent

Heard and released orally: May 8, 2017

On appeal from: the convictions entered by Justice G.D. Krelove of the Ontario Court of Justice on November 9, 2015 and the sentence imposed on December 23, 2015.

Reasons for Decision

[1] The appellant, Richard Pitt, appeals his convictions under s. 259(4)(b) of the Criminal Code for driving while disqualified. He also argues that the forfeiture order imposed by the trial judge should not have included his pick-up truck and that the police seized items not included in the forfeiture order.

[2] Finally, he asked that s. 9 of his probation order, which prohibits him from having any housebreaking tools in his possession, be varied as it prevents him from earning his livelihood in the construction trade.

[3] We see no basis for allowing the appellant's conviction appeal. The uncontested evidence before the trial judge was that the appellant was driving while his licence was suspended and the trial judge found it was suspended as a direct result of a violation of the Criminal Code.

[4] As to the forfeiture order, the pick-up truck was clearly included in the order because it was offence-related property. There is no basis to interfere with the trial judge's decision to include the pick-up truck within the scope of his forfeiture order. If the police seized property outside the scope of the forfeiture order, as is alleged, it is open to the appellant to pursue the remedies available to him under the Criminal Code.

[5] The Crown does not oppose a variation of s. 9 of the appellant's probation order to permit him to possess the tools required to earn his livelihood, provided that the prior written approval of his probation officer is obtained. Accordingly, such a variation is approved.

[6] The appeal is otherwise dismissed.

"Alexandra Hoy A.C.J.O."

"K. Feldman J.A."

"M.L. Benotto J.A."