The defendant was charged with speeding at 115 km/hr in a 100 km/hr zone.
The prosecution proceeded solely by filing a Part I Certificate of Offence as certified evidence under s. 48.1 of the Provincial Offences Act, calling no other evidence.
The defence challenged the prosecution's ability to proceed by certified evidence on four grounds: that the Certificate of Offence is not a certified document, that s. 48.1 POA is unavailable for non-automated-enforcement HTA offences, that the provision reverses the burden of proof and denies full answer and defence, and that the Certificate alone cannot establish guilt beyond a reasonable doubt.
The court rejected all four arguments, applying principles of statutory interpretation and legislative conflict analysis, and found the defendant guilty.
The revocation of O. Reg. 132/14, s. 1 removing the prior prohibition against certified evidence for speeding offences was determinative of legislative intent.
