In an ex parte Provincial Offences Act trial, the prosecution alleged that the defendant used a number plate on a vehicle that was not authorized for that vehicle, contrary to the Highway Traffic Act.
The court exercised its discretion under s. 54 of the Provincial Offences Act to proceed in the defendant's absence, but held that the Crown failed to prove the actus reus beyond a reasonable doubt.
The only evidence that the plate was unattached came from unparticularized dispatch hearsay, and no certified Ministry records or evidence of the actual plate number were tendered.
Because there was no admissible or sufficient evidence of an essential element of the offence, the charge was dismissed.
