Drive While Under Suspension
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The defendant in this case pleaded guilty to the charge of Drive While Under Suspension under the Ontario Highway Traffic Act. It was his first offence and he was not represented in court. The Justice of the Peace sentenced Mr. Wells to imprisonment for 15 days. Part of the reason that the jail sentence was imposed was because the Justice thought the defendant had ‘obviously refused to pay any fines’. The defendant tried to show the Justice documentation to the contrary – but he refused to look at it and sent Mr. Wells to jail.
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It was our view that the conduct of the Justice of the Peace in this case was so inconsistent with the spirit and philosophy behind the Provincial Offences Act that we volunteered our services. For free. We sprang Mr. Wells on bail and the case was appealed. We prepared extensive written materials on appeal including an Application for relief under the Canadian Charter of Rights and Freedoms.
I am sorry. Do I have ‘stupid’ written on my forehead? Did I not get it rubbed off before I came in here?
In her scathing review of the lower court’s conduct, the Honourable Madam Justice M. Lane granted the Application under the Charter thereby cancelling the Order for imprisonment.
Mr. Wells’ plight was featured on the CBC’s hard-hitting legal affairs program – Disclosure. Watch Cheap Justice below!
Read the actual courtroom transcripts of the Darell Wells case!