R. v. Tait, (1987) 63 Sask.R. 269 (QB)

• Judge: McIntyre, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 19, 1987
• Jurisdiction: Saskatchewan
• Citations: (1987), 63 Sask.R. 269 (QB)

R. v. Tait (1987), 63 Sask.R. 269 (QB)

MLB headnote and full text

Lloyd A. Tait (appellant) v. Her Majesty The Queen (respondent)

(No. 552 A.D. 1986)

Indexed As: R. v. Tait

Saskatchewan Court of Queen's Bench

Judicial Centre of Melfort

McIntyre, J.

August 19, 1987.

Summary:

The accused was charged with operating a combination of vehicles in excess of the maximum gross weight, contrary to the regulations under the Highways and Transportation Act. The Crown tendered a certificate to prove the gross weight of the vehicle and its load pursuant to s. 76(6) of the Act. The trial judge convicted the accused. The accused appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Evidence - Topic 1692

Hearsay rule - Exceptions and exclusions - Official statements - Certificates - Constituting sufficient or prima facie proof - An accused was charged with operating a combination of vehicles exceeding the maximum gross weight - The Crown tendered in evidence a certificate to prove the gross weight of the vehicle and its load - The certificate failed to include the gross weight, as required by s. 72(6)(c) of the Highways and Transportation Act - Specifically, the certificate failed to include numbers after the words "gross weight ..." - The Saskatchewan Court of Queen's Bench affirmed that the certificate was admissible and affirmed the accused's conviction, where the Crown did not rely solely on the certificate to prove its case - See paragraphs 4 to 11.

Motor Vehicles - Topic 3210

Regulation of vehicles and traffic - Vehicles - Excess weight - Evidence - Proof - Certificate evidence - [See Evidence - Topic 1692 above].

Cases Noticed:

R. v. McPhee, 8 C.C.C.(2d) 124, refd to. [para. 6].

R. v. Hamilton-Middleton (1987), 53 Sask.R. 80, refd to. [para. 6].

R. v. Mannion Transportation Ltd. (1985), 38 Sask.R. 152, refd to. [para. 6].

R. v. Anderson (1981), 15 Sask.R. 347, refd to. [para. 7].

R. v. Nelson, [1979] 3 W.W.R. 97; 3 Sask.R. 49, appld. [para. 9].

Statutes Noticed:

Highways and Transportation Act, R.S.S. 1978, c. H-3, sect. 72(6)(c) [paras. 4-6].

Counsel:

Hugh Harradence, for the appellant;

D.B. Heffernan, for the respondent.

This appeal was heard before McIntyre, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Melfort, whose decision was delivered on August 19, 1987.