R v Grewal

R. v. Grewal

Ontario Court of Justice — Justice D. McAleer
June 28th, 2001 | Eastbound Lakeshore Boulevard West, Toronto

Background

Manraj Grewal was charged with speeding 94 kilometres per hour in a 60 kilometre per hour zone on the Highway Traffic Act. The officer issued the ticket on June 25th, 2000, at 12:31 P.M. on Lakeshore Boulevard West in Toronto. But there was a problem — the prosecution realized there was an issue with the original ticket and decided to "fix" it by having someone make changes to the document before filing it with the court.

When the case came to trial, Grewal's agent, Mr. Pereti, appeared ready to defend. The Crown was seeking a conviction and the standard penalty, but they had to deal with the fact that their key evidence — the ticket itself — had been altered after it was originally issued.

Issues

1. Can the prosecution modify a Provincial Offences Act ticket after it has been issued but before filing it with the court?
2. Does altering the original ticket invalidate the entire prosecution?

The Altered Evidence Problem

The court found that the Crown had made changes to the original ticket after it was issued. Justice McAleer was clear about what this meant: the prosecution cannot modify original documents and then present them as authentic evidence. The judge noted that this type of alteration compromises the integrity of the evidence and violates basic principles of fairness in the justice system.

Under the Provincial Offences Act, the original ticket serves as the foundation for the entire prosecution. When that document is altered — even if the changes seem minor or "corrective" — it becomes unreliable evidence. The court emphasized that the prosecution must work with the evidence as it originally existed, not as they wish it had been created.

Justice McAleer ruled that allowing altered tickets to proceed would set a dangerous precedent. If prosecutions could modify their evidence after the fact, it would undermine public confidence in the justice system and create unfair advantages for the Crown.

Key Takeaway

Original evidence must remain untouched — any alterations by the prosecution can kill their entire case.

If you notice that the prosecution's ticket or certificate has been modified, altered, or "corrected" after it was originally issued, challenge it immediately. The court takes evidence integrity seriously, and this type of procedural error can result in a complete dismissal.