WHEREAS it is difficult to schedule witnesses for court and considerable court and officers time is required to give evidence in court; AND WHEREAS the Offence Act already permits the use of evidence by Certificate in the prosecution of Provincial Violation Tickets as long as the fairness trial is not jeopardized: THEREFORE BE IT RESOLVED that the Province of British Columbia be requested to amend provincial legislation to allow evidence by Certificate in municipal bylaw prosecutions.
Ministry of Attorney General In 20032004, the use of a certificate to replace the evidence of the enforcement officer was piloted for 6 speeding offences where the speed of the vehicle was established with a speed measuring device. The speeding offences were chosen because the prosecution evidence, and the charges, appeared to be relatively simple and straightforward and the case could be proved by certificate alone. The results were mixed and resources were required for processing, document production, copying and sending the certificate to the accused. The provisions have not been extended to any other offences. Whether the use of a certificate instead of the officers evidence is feasible depends on the offence and the kind of evidence required to prove that offence. If specific offences are proposed for this procedure, the Ministry of Attorney General will review the proposals on that basis.