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The defendant was convicted of a red-light camera offence based on certified documentary evidence.
The Ontario Court of Justice convicted 614128 Ontario Ltd. (operating as Trisan Construction) of failing to stop at a red-light as captured by a red-light camera system.
The prosecution relied on certified documents including a certificate of ownership linking the vehicle's number plate to the defendant, and a certificate of offence confirming the red-light camera system was functioning properly.
The defendant challenged the sufficiency of ownership evidence and the operation of the camera system, and argued the vehicle could have stopped before turning right.
The Court found the certified evidence credible and reliable, rejected the defence's circumstantial evidence argument, and held the prosecution proved the offence beyond a reasonable doubt.
A red light camera charge was stayed under s. 11(b) of the Charter due to a 21-month delay primarily caused by scheduling an early resolution meeting.
The Ontario Court of Justice found a violation of s. 11(b) of the Canadian Charter of Rights and Freedoms due to an unreasonable delay of approximately 21 months and 13 days between the filing of the certificate of offence and the first trial date in a red light camera offence case.
The court rejected the respondent's procedural objection regarding the absence of transcripts, finding that the delay was not attributable to the defence and that the early resolution meeting delay was outside the defendant's control.
The court granted a stay of proceedings pursuant to s. 24(1) of the Charter.
