Can a judge appeal a conviction on a charge of speeding where the evidence was based on a template provided by a police officer?

Ontario, Canada


The following excerpt is from R. v. Law, 2013 ONCJ 533 (CanLII):

[56] In Regina v. Persaud, supra, the defendant appealed his conviction on a charge of speeding, on the basis that in convicting the defendant the trial Justice of the Peace “relied on the evidence of the officer when that evidence was given with reference to a template on which the witness had set out the outline of the offence of speeding and had taken that template with him to the location where he was using radar to detect speeding vehicles”. It is noted that during the appeal it was argued that parts of the evidence as derived from the template were pre-recorded on the said template, prior to the police officer commencing his investigation of the speeding allegation. Madam Justice Woolcott dismissed the appeal finding that the Justice of the Peace had “properly weighed and relied on the evidence” of the investigating police officer and based on this evidence “arrived at the appropriate conclusion”.

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