R v Bricker

R. v. Bricker

File No. 4461 999 00 84801352
Ontario Court of Justice, Provincial Offences Court — Justice of the Peace A. Rodney | April 20, 2006

Background

Robert Bricker was charged with driving without a licence under Section 32(1) of the Highway Traffic Act. The case was set for trial on April 20, 2006, in Cambridge, Ontario. Bricker was represented by agent A. Brohman, while T. Jordao appeared as the Municipal Prosecutor.

When the matter was called, the prosecution immediately requested that the charge be withdrawn. This wasn't a case that went to trial — it was over before it started, suggesting there was a fundamental problem with the Crown's case that made it impossible to proceed.

Issues

1. What defect in the prosecution's case led to the withdrawal?
2. What procedural steps were required to formally dispose of the matter?

The Ministry Documentation Problem

The prosecutor revealed that they had "Ministry of Transportation documents that indicate that the defendant was in fact licenced at the time." This was devastating to the Crown's case — you can't prosecute someone for driving without a licence when your own government records show they actually had a valid licence.

The prosecutor also mentioned that "it was the CPIC check that wasn't updated properly," suggesting that the charge arose from outdated or incorrect information in the Canadian Police Information Centre database. When an officer runs a driver's licence check and CPIC shows no valid licence, they may lay a Section 32(1) charge — but if that database information is wrong, the charge becomes baseless.

Key Takeaway

Government database errors can lead to wrongful charges, but prosecutors will withdraw when their own records contradict the allegation.

If you're charged with driving without a licence but believe you were properly licenced, demand disclosure of both the CPIC records and current Ministry of Transportation licensing records — discrepancies between these databases can kill the Crown's case before trial even begins.