Wesley Beatty

The applicant, a 19-year-old Black man, sought a bail review after being detained on firearms and drug charges arising from a traffic stop.

The reviewing judge found the justice of the peace erred in law by failing to consider s. 493.2 of the Criminal Code regarding vulnerable populations when assessing the applicant's initial provision of a false name, and by relying on inappropriate racial stereotypes.

The judge also found the justice of the peace made unsupported inferences about the applicant's involvement in a criminal enterprise.

Finding a material change in circumstances due to a new surety plan and the death of the applicant's grandmother from COVID-19, the judge conducted an independent review and granted release on strict house arrest conditions.

The accused was charged with operating a motor vehicle while disqualified under s. 259(4) of the Criminal Code after riding an electric power‑assisted bicycle while subject to a court‑ordered driving prohibition.

The court considered whether an e‑bike constitutes a “motor vehicle” within the Criminal Code definition and whether the accused could rely on officially induced error or lack of mens rea based on police encounters, advice from a salesperson, and his own research.

The court held that an e‑bike propelled by battery power is a vehicle propelled by means other than muscular power and therefore qualifies as a motor vehicle under the Criminal Code.

The evidence did not establish that police conduct induced the accused to believe his conduct was lawful, nor that he lacked the requisite intent.

The accused was found guilty of operating a motor vehicle while disqualified.