2021 QCCQ 4334, 2021 QCCQ 4334

Director of Criminal and Penal Prosecutions c. De Freitas 2021 QCCQ 4334 QUEBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF DRUMMOND «Criminal and penal division» N° : 405-61-038633-205 DATE : May 3, 2021 ______________________________________________________________________ BEFORE MADAM TANYA LAROCQUE, JUSTICE OF THE PEACE AND JUDGE ______________________________________________________________________ DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS Prosecutor c.

JASMIN DE FREITAS Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The defendant is the owner of a heavy vehicle that is pulled over by a highway patrol officer, on the 9 th of December 2019, while it was on highway 55.

After verifications, the officer notices that the vehicle is not registered with the Transport Commission of Quebec and gives the defendant a statement of offence accordingly [1] . [ 2 ] The defendant does not deny the facts but alleges that he was registered at the time of the events. [ 3 ] The defendant exhibits a receipt, dated on the 9 th of December 2019, for an approved transaction of 65$ with the Transport Commission. This receipt does not mention what the transaction is for nor the time it was concluded. Therefore, the court cannot determine if the payment is for a registration fee or for another service.

Furthermore, the court cannot determine if the payment was made before or after the reproached infraction. [ 4 ] The Code of penal procedures [2] states that «any certificate containing extracts from a register kept under or for the purposes of an Act by a government department or a public body and signed by the person having custody of the register constitutes, in the absence of any evidence to the contrary, proof of the information contained in the certificate». [ 5 ] The prosecutor’s proof contains a certificate from the Transport Commission to the effect that the defendant is registered as an owner and operator since January 7 th , 2020 at 2:00pm.

Therefore, this certificate proves that the defendant is not registered at the time of the events since the defendant did not bring forth evidence to the contrary. [ 6 ] The commission of the infraction is proved beyond a reasonable doubt. FOR THESE REASONS, THE COURT: [ 7 ] DECLARES the defendant guilty of the infraction; [ 8 ] CONDEMS the defendant to pay a fine of 500$ with costs in the next six months of the present judgment. __________________________________ TANYA LAROCQUE JUSTICE OF THE PEACE and JUDGE

Me Isabelle Dallaire Attorney for the prosecution The defendant is not assisted by an attorney. Date of hearing: April 27, 2021 [1] Act respecting owners, operators and drivers of heavy vehicles , CQLR c P-30.3, sections 5 and 48 [2] Code of Penal Procedure , CQLR c C-25.1