The defendant pleaded guilty to driving with a hand-held communication device contrary to the Highway Traffic Act.
The prosecution and the unrepresented defendant presented a joint submission for a $300 fine, despite the statutory minimum fine being $500.
The court rejected the joint submission, finding that imposing a fine below the statutory minimum without a formal application and finding of exceptional circumstances under s. 59(2) of the Provincial Offences Act would bring the administration of justice into disrepute.
The defendant was given the option to withdraw his guilty plea or proceed to sentencing with the minimum $500 fine.
