If you try to fight a speeding violation in some jurisdictions in Ontario the ticket you receive may be all the evidence the prosecution needs to prove your guilt.
Some members of Ontario’s legal community say they’re noticing more cases where courts, mainly in York and Durham regions, are using a legal tactic known as ‘Certified’ evidence for traffic ticket trials.
“Which is basically the process of them using the face of a ticket that someone was handed roadside as the entirety of the evidence to prove their case in court,” said Shelby Brezdin a paralegal with OTT Law, a firm based in Ontario. “Without any further evidence being put forth in court, no officers having to appear, nothing else.”
Brezdin isn’t alone in speaking out about the process. Several law firms are now posting information about it on their websites as they too have seen an increase in traffic cases handled this way.
“We think the public needs to be aware that this is happening,” Brezdin said. “The court has a duty to prove that charge beyond a reasonable doubt. But now the courts are saying, ‘Well, that ticket, that was deemed an allegation, is now being used as proof beyond a reasonable doubt.’”
The use of ‘Certified’ evidence is allowed under provincial laws, enacted in response to the rise of red light, and the now-banned speed cameras around the province. Brezdin says its use may be justifiable under those types of offences.
“That’s where they say this certificate is your proof because everything is laid out in there when you receive a camera ticket. Much more information, besides a photo, is contained in those tickets including information as to how the rate of speed was captured. The officer certifies that this was done, all of that is in there.”
The issue, she says, is some courts are using the same tactic with other non-camera violations.
“That ticket handed to you by an officer on the road contains far, far less information on the charge. They’re basically now flipping the onus onto you, saying, ‘We don’t really have to prove much. We have this piece of paper, that contains little information and that’s all we need.’”
Both York and Durham regions stand by the process, calling it a legal and efficient administration of justice.
“Prosecutors have discretion to use it based on a variety of considerations,” a Durham spokesperson said. “The Justice of the Peace remains responsible for determining whether it meets the standard of proof beyond a reasonable doubt.”
In 2020, York Region chose to use ‘Certified’ evidence to improve efficiency.
“York Region applies the certified evidence process to the prosecution of certain offences, including all speeding and document-related offences,” a spokesperson said. “The use of certified evidence is consistent with that of other courts across the Province of Ontario and has been found to be constitutional, based on jurisprudence.”
They also counter the argument that defendants aren’t armed with information leading up to trial saying everyone facing a violation receives full disclosure, including officers’ notes, photos and any other relevant evidence.
“Defendants may also challenge the use of certified evidence by asking for the officer to be summoned by the court, in accordance with established case law.”
Which Brezdin says is true, however, she argues it places a lot of the burden on the defendant, which can be challenging to those who choose to fight without representation.
“This process makes it much more difficult. They’re now shifting all the responsibility on you, forcing you to go to court and prove your case,” she said.
Brezdin remains committed to challenge what she calls an overuse of ‘Certified’ evidence by some courts, even sending her argument via email to Premier Doug Ford’s office.
When asked to respond, Ford’s office sent our request to The Office of The Attorney General, which declined to weigh in, with a spokesperson saying those decisions are up to each Municipal Court.
“We have heard from prosecutors and Justices that they don’t believe this is fair, they don’t believe that this is what should be happening, but no one within the court system is really speaking out,” Brezdin added.
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