The appellant appealed a conviction entered in his absence under section 9.1 of the Provincial Offences Act for an unsafe motor vehicle movement charge under section 154(1)(a) of the Highway Traffic Act.
The sole issue on appeal was whether the Certificate of Offence was complete and regular on its face, given that it contained expired short form wording that was no longer prescribed by regulation at the time of the charge.
The court held that the Certificate was complete and regular because it identified the statute, section number, and all essential elements of the offence, and the use of expired short form wording did not mislead the appellant or prejudice his defence.
