Re McCutcheon and City of Toronto: 1983

(Ontario High Court of Justice) The appellant had been given a parking ticket. She could pay a penalty, in which event there would be no further proceedings against her, but if she did not, she would be liable to conviction and payment of a fine. The appellant challenged the law on several grounds, including that it was inconsistent with her right to be presumed innocent under paragraph 11(d) of the Canadian Charter of Rights and Freedoms.
Held: Linden J rejected that submission: ‘In my view there is no merit in this submission. The sliding-scale settlements scheme has nothing to do with the presumption of innocence. It is a convenient way for a traffic violator to avoid being charged. Anyone can refuse to pay anything pursuant to the scheme and await the service of the summons. At that time, the full panoply of defence rights come into play, including the presumption of innocence. Accordingly, there is no infringement here of the right of the accused to be presumed innocent.’
(1983) 147 DLR (3d) 193
Cited by:
CitedLawrence v Financial Services Commission PC 14-Dec-2009
(Jamaica) The appellant challenged a fixed penalty notice issued in respect of a financial services allegation, saying that it had been made without him having been allowed opportunity to be heard by an impartial tribunal.
Held: Actions under . .

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Updated: 10 May 2021; Ref: scu.384109