R v Bonnell

R v Bonnell

Unreported (Ont. C.J., November 9, 2004)
Ontario Court of Justice, Old City Hall, Courtroom L — Madam Justice S. R. Hamai | Toronto, November 9, 2004

Background

Garfield Bonnell was charged with an offence dating back to 7 May 2004. He requested a trial, but did not appear for it. With the defendant absent, the certificate of offence went before a justice of the peace under section 9.1 of the Provincial Offences Act — the "deemed not to dispute" route, which lets a justice of the peace enter a conviction without hearing any evidence, provided the certificate is complete and regular on its face. A conviction was entered. On appeal, Bonnell's agent pointed at the certificate itself: it said "pass off roadway, HTA" and gave no section number at all, so nothing on the face of the document identified what offence he had actually been charged with.

Issues

1. Is a certificate of offence complete and regular on its face when it names no section number for the charge?
2. Can a conviction be entered under s. 9.1 of the POA on a certificate with that defect?

The Court's Decision

The prosecutor conceded the point, agreeing there was no section number on the certificate. The court had only a photocopy; the appellant's agent produced the original. Justice Hamai held the point was well taken: the certificate ought to have been quashed. The appeal was allowed and the conviction quashed.

Key Takeaway

If the certificate does not say which section you broke, it is not complete on its face.

Section 9.1 lets a justice of the peace convict you without evidence when you do not show up — but only if the certificate is complete and regular on its face. A missing section number is exactly the kind of defect that defeats it. Even if you missed your trial date, pull the certificate and read it: the defect travels with the document, and it is still open to you on appeal.