The appellant was convicted of careless driving and appealed his sentence.
The provincial court judge declined jurisdiction to hear the appeal, questioning whether the Provincial Court (Criminal Division) was an independent tribunal under s. 11(d) of the Charter.
The Ontario Court of Appeal held that the court was independent.
The Supreme Court of Canada dismissed the appeal, establishing the essential conditions of judicial independence: security of tenure, financial security, and institutional independence.
The Court concluded that Ontario provincial court judges met these requirements and constituted an independent tribunal.
