R. v. Francis (R.)

• Jurisdiction: Ontario
• Court: Court of Appeal (Ontario)
• Judge: Doherty, Charron and Moldaver, JJ.A.
• Citation: (1996), 92 O.A.C. 308 (CA)
• Date: 28 June 1996

R. v. Francis (R.) (1996), 92 O.A.C. 308 (CA)

MLB headnote and full text

Her Majesty The Queen (applicant/appellant) v. Rohan Francis (respondent)

(C23220)

Indexed As: R. v. Francis (R.)

Ontario Court of Appeal

Doherty, Charron and Moldaver, JJ.A.

August 28, 1996.

Summary:

The accused was convicted of driving while under suspension. He appealed.

The Ontario Court (Provincial Division) did not consider the issues raised by the accused, but allowed the appeal on the ground that the certificate of suspension should not have been admitted in evidence, because it was not properly authenticated. The Crown appealed.

The Ontario Court of Appeal allowed the appeal and restored the accused's conviction. The court remitted the matter to the Ontario Court (Provincial Division) for consideration of the grounds of appeal raised by the accused.

Evidence - Topic 1692

Hearsay rule - Hearsay rule exceptions and exclusions - Official statements - Certificates - Constituting sufficient or prima facie proof of facts - The accused was charged with driving while under suspension - The Crown introduced a certificate from the Registrar of Motor Vehicles attesting to the fact that the licence was suspended - The accused was convicted - The appeal court judge over­turned the conviction on the ground that the certificate had not been properly au­thenticated - The Ontario Court of Appeal restored the conviction - The certificate constituted prima facie proof of suspension under the Highway Traffic Act in the absence of evidence to the contrary.

Cases Noticed:

R. v. Zwicker (1980), 38 N.S.R.(2d) 361; 69 A.P.R. 361; 53 C.C.C.(2d) 239 (C.A.), refd to. [para. 5].

R. v. Leslie (W.A.) (1993), 88 Man.R.(2d) 74; 51 W.A.C. 74 (C.A.), refd to. [para. 5].

R. v. Potts (1982), 134 D.L.R.(3d) 227 (Ont. C.A.), refd to. [para. 6].

Statutes Noticed:

Highway Traffic Act, R.S.O. 1990, c. H-8, sect. 210(7) [para. 7].

Counsel:

Richard Connolly, for the appellant;

Joseph J. Sheridan, for the respondent.

This appeal was heard on June 28, 1996, before Doherty, Charron, and Moldaver, JJ.A., of the Ontario Court of Appeal. On August 28, 1996, Charron, J.A., released the following judgment for the court.