Richard A.F. Brookes

The respondent was convicted of failing to stop at a red light based on evidence from a red light camera system.

At trial, the justice of the peace denied the respondent's request to summon the provincial offences officer who issued the certificate.

The appeal judge allowed the respondent's appeal, holding that such a summons should rarely be refused.

The municipality appealed.

The Court of Appeal allowed the appeal, finding that the appeal judge applied too low a standard for issuing a summons under the Highway Traffic Act; the defence must show a reasonable and legitimate basis for examining the officer.

However, the Court of Appeal entered an acquittal because the photographic evidence was inadmissible, as the required date, time, and location information was superimposed in an unexplained code, failing to comply with the mandatory requirements of the regulation.

The respondent was convicted of failing to stop at a red light based on evidence from a red light camera system.

The justice of the peace refused the respondent's request to subpoena the provincial offences officer who issued the ticket.

On appeal, the judge ordered a new trial, holding that such requests should generally be granted.

The municipality appealed.

The Court of Appeal held that the appeal judge applied too liberal a standard; the defence must establish a reasonable and legitimate ground to question the officer.

However, the Court found the photographic evidence inadmissible because the required date, time, and location information was in an unexplained code, failing to comply with the regulation.

The appeal was allowed, but an acquittal was entered.