Three separate speeding prosecutions were consolidated to address a recurring legal issue regarding sentencing discretion in the early resolution process.
The defendants were charged with speeding offences under section 128 of the Highway Traffic Act.
Following early resolution meetings, the prosecution and defence jointly proposed fines significantly exceeding the applicable set fines and fixed fines.
The court held that it lacked authority to impose fines beyond those prescribed by statute, and that the early resolution process under the Provincial Offences Act limits judicial discretion to either the applicable set fine or the fixed fine specified in section 128(14) of the Highway Traffic Act.
The court rejected the joint submissions as unlawful.
