FATAL VS. NON-FATAL ERRORS
Fatal vs. Non-fatal errors on Speeding Tickets
Offence certificates and notices are required to be “regular and correct on the face”, by section 9.1(2) of the Provincial Offences Act, meaning that all the pertinent information is correctly stated on the certificate of offence. If it is not correct, and the errors are fatal, the courts must dismiss the charge under s. 36(2) of the Provincial Offences Act . This section requires a judge to quash an information or certificate of offence that has apparent defects where an amendment is not possible. Most errors can be amended by the Court during trial, at the request of the Prosecution, as long as the Defendant appears in court. If the Defendant does not appear, the judge is required to inspect the offence certificate for defects, and dismiss any that would prejudice the defendant, under section 9 (2)(b) of the Provincial Offences Act .
The sections below contain information on the types of errors which are considered fatal, and the types of errors which are considered non-fatal on speeding tickets.