R. v. Miller (M.), (2006) 298 N.B.R.(2d) 138 (PC)

• Judge: Ferguson, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: October 26, 2005
• Jurisdiction: New Brunswick
• Citations: (2006), 298 N.B.R.(2d) 138 (PC);2006 NBPC 2

R. v. Miller (M.) (2006), 298 N.B.R.(2d) 138 (PC);

    298 R.N.-B.(2e) 138; 775 A.P.R. 138

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2006] N.B.R.(2d) TBEd. FE.028

Her Majesty the Queen v. Mary Miller

(13226713; 2006 NBPC 2)

Indexed As: R. v. Miller (M.)

New Brunswick Provincial Court

Judicial District of Miramichi

Ferguson, P.C.J.

February 1, 2006.

Summary:

The defendant was charged with driving a motor vehicle while her driver's license was suspended (Motor Vehicle Act, s. 345(1)).

The New Brunswick Provincial Court convicted the accused.

Motor Vehicles - Topic 4164

Offences - Intent or mens rea - Offences of strict liability - The New Brunswick Pro­vincial Court stated that it was clear from the authorities that the application of the defence of mistake of fact to the offence of suspended driving usually required consid­erable evidence by the defence for due diligence to be given effect - The defen­dant's burden was to establish due dili­gence on a balance of probabilities - When stripped to its bare essentials, due diligence was a reasonably based absence of knowl­edge on the part of the defendant that an offence was being committed - A suc­cessful defence of due diligence invariably required conduct by the defendant, that in all of the circumstances, established a reasonable course of conduct on his or her part - See paragraphs 23 and 24.

Motor Vehicles - Topic 4164

Offences - Intent or mens rea - Offences of strict liability - The defendant was charged with driving a motor vehicle while her driver's license was suspended (Motor Vehicle Act, s. 345(1)) - Her license had been suspended for non-payment of a parking ticket - A suspension notice was sent to the defendant by certified mail but was returned to the Registrar of Motor Vehicles marked "refused by addressee" - The defendant alleged that she was un­aware of the suspension - She suffered from a major depressive disorder - She had stopped opening her mail (she had garbage bags of unopened mail) - She also trav­elled frequently - The New Brunswick Provincial Court convicted the accused - Due diligence was not established - The defendant failed to attend to her daily business affairs or confirm those affairs with those to whom they had been dele­gated by her - See paragraphs 20 to 49.

Motor Vehicles - Topic 7450

Licensing and regulation of drivers - Of­fences - Driving while disqualified or suspended - [See both Motor Vehicles - Topic 4164 ].

Cases Noticed:

R. v. Sault Ste. Marie (City), [1978] 2 S.C.R. 1299; 21 N.R. 295, refd to. [para 20].

R. v. Pierce Fisheries Ltd., [1971] S.C.R. 5, refd to. [para. 20].

R. v. Anderson (C.R.) (1997), 191 N.B.R.(2d) 396; 488 A.P.R. 396 (C.A.), refd to. [para. 22].

R. v. Hill, [1975] 2 S.C.R. 402; 1 N.R. 136, refd to. [para. 24].

R. v. Chapin (1979), 26 N.R. 289; 45 C.C.C.(2d) 333 (S.C.C.), refd to. [para. 27].

R. v. Lowe (1991), 104 N.S.R.(2d) 81; 283 A.P.R. 81 (C.A.), refd to. [para. 28].

R. v. L'Hirondelle (T.M.) (1993), 140 A.R. 308 (Q.B.), refd to. [para. 32].

R. v. Boivin, [1995] A.J. No. 1654 (Q.B.), refd to. [para. 33].

R. v. Wile, [2001] N.S.J. No. 316 (S.C.), refd to. [para. 34].

R. v. Nurnber (W.R.) (1998), 172 N.S.R.(2d) 197; 524 A.P.R. 197 (C.A.), refd to. [para. 35].

R. v. MacDougall, [1982] 2 S.C.R. 605; 44 N.R. 560; 54 N.S.R.(2d) 562; 112 A.P.R. 562, refd to. [para. 36].

R. v. Hundal (S.), [1993] 1 S.C.R. 867; 149 N.R. 189; 22 B.C.A.C. 241; 38 W.A.C. 241, refd to. [para. 41].

R. v. Tutton and Tutton, [1989] 1 S.C.R. 1392; 98 N.R. 19; 35 O.A.C. 1, refd to. [para. 44].

R. v. Wholesale Travel Group Inc. and Chedore, [1991] 3 S.C.R. 154; 130 N.R. 1; 49 O.A.C. 161; 67 C.C.C.(3d) 193, refd to. [para. 46].

R. v. Ubhi (J.S.) (No. 3) (1994), 40 B.C.A.C. 248; 65 W.A.C. 248 (C.A.), refd to. [para. 47].

R. v. Twohearts (R.) (2001), 153 Man.R.(2d) 310; 238 W.A.C. 310 (C.A.), refd to. [para. 48].

Counsel:

Darlene Blunston, for the Crown;

Mary Miller, per se.

This matter was heard on October 26, 2005, before Ferguson, P.C.J., of the New Brunswick Provincial Court, Judicial District of Miramichi, who delivered the following decision on February 1, 2006.