R. v. Giles, (1986) 78 N.S.R.(2d) 84 (ProvCt)

• Judge: Carver, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 17, 1986
• Jurisdiction: Nova Scotia
• Citations: (1986), 78 N.S.R.(2d) 84 (ProvCt)

R. v. Giles (1986), 78 N.S.R.(2d) 84 (ProvCt);

    193 A.P.R. 84

MLB headnote and full text

R. v. Dale Stephen Giles

(LPC86-207)

Indexed As: R. v. Giles

Nova Scotia Provincial Court

Carver, P.C.J.

November 17, 1986.

Summary:

A motor vehicle driver was charged with unlawfully driving a motor vehicle without insurance contrary to s. 205(A)(1) of the Motor Vehicle Act. Section 205(A)(2) of the Act required the driver to prove the existence of such insurance. The driver submitted that s. 205(A)(2) of the Act violated his right to be presumed innocent under s. 11(d) of the Charter of Rights and Freedoms.

The Nova Scotia Provincial Court acquitted the driver. The court held that s. 205(A)(2) violated s. 11(d) of the Charter and that it was not proved to be a reasonable limit under s. 1 of the Charter, because the Crown failed to make any submission or call any evidence to support the reasonableness of s. 205(A)(2).

Civil Rights - Topic 4945

Presumption of innocence - Evidence and proof - Reverse onus provisions - Section 205(A)(2) of the Motor Vehicle Act provided that where a motor vehicle driver was charged with driving without insurance contrary to s. 205(A)(1), the driver had the burden of proving the existence of insurance - The Nova Scotia Provincial Court held that s. 205(A)(2) violated the driver's right to be presumed innocent under s. 11(d) of the Charter of Rights and Freedoms - The court held that s. 205(A)(2) was not proved to be a reasonable limit under s. 1 of the Charter, because the Crown failed to make any submission or call any evidence to support the reasonableness of s. 205(A)(2).

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law - [See Civil Rights - Topic 4945 above].

Motor Vehicles - Topic 3283

Regulation of vehicles and traffic - Insurance - Driving without insurance - [See Civil Rights - Topic 4945 above].

Cases Noticed:

R. v. Oakes (1985), 65 N.R. 87; 14 O.A.C. 335; 26 D.L.R.(4th) 200; 24 C.C.C.(3d) 321 (S.C.C.), appld. [para. 9].

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1967, c. 191, sect. 205(A)(1), sect. 205(A)(2) [para. 3].

Canadian Charter of Rights and Freedoms, 1982, sect. 1 [para. 12]; sect. 11(d) [para. 5].

Counsel:

Craig M. Harding, for the Crown;

Alan G. Ferrier, for the defendant.

This case was heard before Carver, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on November 17, 1986.