R v Stanicak

R. v. Stanicak and Vieceli

[1997] Ontario Court of Justice (Provincial Division)]
Ontario Court of Justice (Provincial Division) — His Honour (Judge name not clearly legible) | October 2, 1997

Background

On April 5, 1992, an accident occurred and three vehicles were parked close to no parking zones. All three drivers — Jason Stanicak, Walter Vieceli, and a third person — received Provincial Offence notices. However, instead of receiving simple parking tickets, they were charged under section 182 of the Highway Traffic Act, which deals with moving violations and carries demerit points.

The trial judge had convicted them of disobeying a no parking sign, but the appellants argued they should have been processed under Part II of the Provincial Offences Act (which deals with parking infractions) rather than Part I (which deals with other provincial offences and includes demerit points).

Issues

1. Whether parking violations should be processed under Part I or Part II of the Provincial Offences Act
2. Whether section 182 of the Highway Traffic Act was the appropriate charge for a parking offence

The Wrong Process for Parking Offences

The court found that section 182 is designed for moving violations, not parking infractions. Section 182 states that "every driver or operator of a vehicle or streetcar shall obey the instructions and directions indicated on any sign so erected." The Crown's position was that this section applies to parking violations, but the court disagreed.

Part II of the Provincial Offences Act specifically defines "parking infraction" as "any unlawful parking, standing or stopping of a vehicle that constitutes an offence." The court noted that demerit points are attached to section 182 violations because it was intended to address moving violations where a driver's ability should be assessed — not situations where vehicles are simply parked.

The judge emphasized that while officers have discretion in how to proceed, "it is neither the intent nor the spirit of the Provincial Offences Act to have demerit points applicable to parking offences." A proceeding should have been taken under Part II of the Provincial Offences Act instead.

Key Takeaway

Parking violations should not result in demerit points — they should be processed as parking infractions under Part II of the Provincial Offences Act.

If you're charged with a parking-related offence under section 182 or another moving violation section when your car was simply parked, you may have grounds to challenge both the charge and any demerit points. The courts recognize there's an important distinction between moving violations (which affect your driving record) and parking infractions (which shouldn't).