Raymond Motee

The defendant was charged with operating a motor vehicle with more than 80 milligrams of alcohol in 100 millilitres of blood.

The defence brought a Charter application seeking to exclude statements made by the defendant to the investigating officer at the roadside, arguing they were compelled under the statutory accident reporting provisions of the Highway Traffic Act and therefore violated the right against self-incrimination under section 7 of the Charter.

The Crown argued the defendant was not compelled to make statements and was properly cautioned.

The court held that the defendant's statements were not made pursuant to statutory compulsion and therefore were admissible.

The application was dismissed.

The defendant was charged with three offences under the Workplace Safety and Insurance Act, 1997: wilfully failing to inform the WSIB of a material change in circumstances between August 23, 2011 and September 25, 2012; and knowingly making false or misleading statements on September 9, 2011 and October 17, 2011 regarding his claim for benefits.

The prosecution presented evidence including testimony from a WSIB case manager and a private investigator, as well as surveillance video showing the defendant working at his former place of employment (Mystic Restaurant) while receiving benefits and claiming he was unable to work or drive.

The defendant was convicted on all three counts.