A B.C. Supreme Court judge has ordered an armoured car company to pay a ticket after a vehicle was caught on camera running a red light.
Justice Jasmin Ahmad said in a Sept. 10 decision released Sept. 23 that Gardaworld Cash Services Canada Corporation was charged with a violation ticket for disobeying a red light at an intersection based on evidence from traffic light photographic equipment.
The case was initially heard in provincial court and the company was acquitted. However, the Crown appealed and the judge entered a conviction. Ahmad said the provincial court found there was reasonable doubt that the licence plate depicted in the photograph was a B.C. plate and concluded that the Crown had not proven ownership of the vehicle.
The Crown appealed to the supreme court seeking the $167 fine. Ahmad said the company filed no materials on appeal and did not appear in the case.
The judge said the provincial court judicial justice erred in not taking into account all evidence about the armoured car.
“In my view, that requirement places a burden on the Crown much closer to ‘absolute certainty’ rather than the ‘reasonable doubt’ standard,” Ahmad said.
Ahmed entered the conviction rather than ordering a new trial.
