The defendant was charged with careless driving contrary to section 130 of the Highway Traffic Act.
The Crown proceeded by certificate evidence under section 48.1 of the Provincial Offences Act after the defendant failed to appear.
The court found that an offence notice was issued rather than a summons, making section 9 of the POA the proper procedure rather than section 54(1)(a).
Additionally, the court held that the certificate evidence—containing only the generic charge description "Careless Driving"—was insufficient to prove the essential elements of the offence beyond a reasonable doubt, as it failed to establish the specific circumstances, road conditions, weather, traffic conditions, or the defendant's particular conduct that would demonstrate a breach of the duty of care owed to the public.
