The Ontario Court of Justice considered a motion to quash a Part I certificate of offence charging Muhammad Butt with failing to stop at a red light contrary to section 144(18) of the Highway Traffic Act.
The defence argued the certificate was defective for not including the informant’s name, relying on case law to support quashing the certificate.
The Court held that minor defects, such as the absence of the informant’s name but presence of an officer identifier ("PC 10429") and signature, do not justify quashing under the Provincial Offences Act.
The Court emphasized the broad discretion to amend certificates to ensure cases are decided on their merits rather than technicalities, citing binding precedent including R. v. Massicotte and York v. Winlow.
The motion to quash was dismissed.
