SECTION 259(4) - OPERATING WHILE DISQUALIFIED - WHAT CERTIFICATES AND NOTICES ARE REQUIRED FOR TRIAL?

Different certificates and notices are needed to prove that an accused was prohibited from driving under a Criminal Code prohibition order or to prove that an accused was prohibited from driving due to provincial legislation. This case assists in describing what those requirements are:

An offender may be convicted of driving while disqualified under s. 259(4) of the Code based on either or both a driving prohibition order under the Code, or a driving suspension or restriction imposed under provincial law upon conviction for an eligible Code driving offence. Where the Crown relies on a driving prohibition order under the Code as the relevant driving “disqualification”, as permitted by s. 259(5)(a) of the Code, . . . the Crown [must] prove compliance with s. 260(1) of the Code as an essential element of the s.259(4) offence.  However, where the Crown relies on a provincial driving suspension or restriction, as contemplated by s. 259(5)(b)(i) of the Code, s. 260(1) of the Code is not engaged.  In the latter circumstances, on the authority of ss. 260(4) and (5) of the Code, the Crown may prove the provincial driving disqualification by relying on a provincial registrar’s certificate [with notice] setting out the details of the provincial driving suspension or restriction, without regard to compliance with s.260(1). R. v. Fernandes, 2013 ONCA 436