R. v. Dilorenzo; R. v. Bancroft, (1984) 2 O.A.C. 62 (CA)

• Judge: Martin, Goodman and Robins, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 23, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 62 (CA)

R. v. Dilorenzo (1984), 2 O.A.C. 62 (CA)

MLB headnote and full text

R. v. Dilorenzo; R. v. Bancroft

Indexed As: R. v. Dilorenzo; R. v. Bancroft

Ontario Court of Appeal

Martin, Goodman and Robins, JJ.A.

February 23, 1984.

Summary:

Each of the accused was convicted of failing to stop his motor vehicle on the signal or request of a police officer contrary to s. 189a(1) of the Ontario Highway Traffic Act. Upon a finding that each accused wilfully continued to avoid police pursuit under s. 189a(3) the court suspended his licence for three years. Their appeals were dismissed. The accused appealed.

The Ontario Court of Appeal dismissed the appeals against conviction, but set aside the driving licence suspension orders. The court held that the failure to allege the circumstances set out in s. 109a(3) as required by subs. 4 precluded the imposition of the suspension.

Motor Vehicles - Topic 3250

Regulation of vehicles and traffic - Directions of police officer - Police chase provisions - General - Section 189a of the Ontario Highway Traffic Act established the offence of failing to stop a motor vehicle when signalled or requested to do so by a police officer and established a three year licence suspension for wilfully fleeing - The Ontario Court of Appeal explained the effect and operation of s. 189a - See paragraphs 17 to 33, particularly 31.

Motor Vehicles - Topic 3251

Regulation of vehicles and traffic - Directions of police officer - Police chase provisions - Wilful evasion - Section 189a(3) of the Ontario Highway Traffic Act provided for a mandatory three year licence suspension for wilfully fleeing from the police in a motor vehicle - The Ontario Court of Appeal held that wilfully fleeing required mens rea and proof beyond a reasonable doubt; although the offence of failing to stop when signalled under s. 189a(1) was merely a strict liability offence - See paragraphs 17 to 20.

Motor Vehicles - Topic 3252

Regulation of vehicles and traffic - Directions of police officer - Police chase provisions - Readily identifiable officer - A trial judge convicted a motorist of failing to stop when signalled by a police officer without expressly considering whether the officer was "readily identifiable" within the meaning of s. 189a(1) of the Ontario Highway Traffic Act - The Ontario Court of Appeal held that the absence of comment by the trial judge on the element of whether the police officer was "readily identifiable" did not indicate a lack of appreciation of the issue by the trial judge - See paragraphs 21 to 23.

Motor Vehicles - Topic 3253

Regulation of vehicles and traffic - Directions of police officer - Police chase provisions - Penalty - The Ontario Court of Appeal held that upon a conviction for failing to stop a motor vehicle when signalled by a police officer contrary to s. 189a(1) of the Ontario Highway Traffic Act, the mandatory three year licence suspension under subs. 3 could not be invoked unless the circumstances set out in subs. 3 are alleged as required by subs. 4 - See paragraphs 27 to 33 - The court held further that there is no discretion to impose a licence suspension of less than three years - See paragraphs 24 to 26.

Motor Vehicles - Topic 4163

Offences - Intention or mens rea - Mens rea offences - Section 189a(1) of the Ontario Highway Traffic Act provided for the offence of failing to stop a motor vehicle when signalled by a police officer and subs. 3 provided a mandatory three year licence suspension for wilfully fleeing from pursuing police - The Ontario Court of Appeal held that wilfully fleeing required mens rea and was required to be proved beyond a reasonable doubt; although the offence of failing to stop when signalled was merely a strict liability offence - See paragraphs 17 to 20.

Motor Vehicles - Topic 4164

Offences - Intention or mens rea - Offences of strict liability - The Ontario Court of Appeal held that the offence of failing to stop a motor vehicle when signalled or requested by a police officer contrary to s. 189a(1) of the Ontario Highway Traffic Act was a strict liability offence - See paragraphs 17 to 18.

Cases Noticed:

R. v. City of Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295; 40 C.C.C.(2d) 353; 85 D.L.R.(3d) 161; 3 C.R.(3d) 30, appld. [para. 18].

R. v. Buzzanga and Durocher (1979), 49 C.C.C.(2d) 369 (Ont. C.A.), appld. [para. 19].

Strasser v. Roberge (1979), 29 N.R. 541; 50 C.C.C.(2d) 129 (S.C.C.), appld. [para. 19].

R. v. Worth (1983), 21 M.V.R. 89, disapproved [para. 19].

R. v. Bell (1924), 42 C.C.C. 253 (Alta. C.A.), consd. [para. 26].

R. v. Duchesne (1961), 131 C.C.C. 311 (Que. Ct. Sess.), consd. [para. 26].

R. v. Smith (1923), 38 C.C.C. 327 (N.S.S.C.), consd. [para. 26].

R. v. Thompson Manufacturing Co. Limited (1920), 47 O.L.R. 103 (H.C.J.), consd. [para. 26].

R. v. Harrison; Rex v. O'Kelly (1924), 42 C.C.C. 259 (Man. C.A.), consd. [para. 26].

Statutes Noticed:

Highway Traffic Act, R.S.O. 1980, c. 198, sect. 189a [para. 1].

Provincial Offences Act, R.S.O. 1980, c. 400, sect. 60(1) [para. 24].

Counsel:

Marc Rosenberg, for the appellant, Dilorenzo;

J. David McCombs, for the appellant, Bancroft;

Bonnie J. Wein, for the respondent, Crown.

This case was heard on December 15, 1983, at Toronto, Ontario, before Martin, Goodman and Robins, JJ.A., of the Ontario Court of Appeal.

Robins, J.A., delivered the following judgment for the Court of Appeal, which was delivered on February 23, 1984: