SECTION 259(4) - OPERATING WHILE DISQUALIFIED - GENERALLY

Even though the circumstances in the Fernandes case and the Brownson case were almost identical, Mr. Fernandes was convicted and Mr. Brownson was acquitted. Reviewing both cases will assist investigators and counsel in understanding how to deal with these important investigations and trials:

Parliament and the courts have long recognized that driving offences, particularly drinking and driving offences, are serious crimes with grave consequences.  Not infrequently, they result in significant societal damage and injury, often of a tragic and permanent nature.  In this context, driving while disqualified prosecutions assume great importance. R. v. Fernandes, at paragraph 117