SECTION 259(4) - OPERATING WHILE DISQUALIFIED - WHAT IS THE PROPER WAY TO WORD THE CHARGE?

Mr. Brownson had completed the one year Criminal Code driving prohibition but was still subject to the three year provincial driving suspension when he was seen operating a motor vehicle.  This case assists in describing how the charge in the information should be worded:

It is apparent from this chronology that when he was arrested, the appellant was disqualified from driving by operation of a provincial law, but not by virtue of the prohibition order under the Criminal Code.  The latter had expired.  However, the information specified that the appellant had been arrested for driving while disqualified by s. 259(1) of the Criminal Code.  This was incorrect.  R. v. Brownson, 2013 ONCA 619