Benjamin T.’s Case, Ottawa
Charges
Drive Unlicenced Taxi Cab
Result
Appeal Granted / Charges Withdrawn.
Case Details
This was one of David Anber’s first Appeal under the Provincial Offences Act. Back in 2006 Benjamin T. had represented himself with a charge of unlicenced taxi cab. The prosecution of unlicensed taxis in the City of Ottawa was on the rise. Mr. T. ran a pet-taxi company which does not fall under the bylaw. Bylaw officers however set up a sting where they claimed they arranged for a lift to be given to a person as opposed to a pet. The accused denied this but the presiding Justice of the Peace would not listen. The presiding Justice called it “entrapment” which, David Anber argued on Appeal it could very well have been. Entrapment is a bad act on the part of the government which disentitles it to a conviction. On that basis, Justice Hugh Fraser granted the Appeal and ordered a new trial since the presiding Justice had not considered the legal test for entrapment. On the re-trial the prosecution folded up their tent and withdrew the charge. NOTE: as of 2013 there have been some cases which cast doubt on the viability of the entrapment defence in provincial offence regulatory offences. David Anber has been monitoring these cases closely and still believes in the right circumstances the defence can be raised.