The Manitoba Court of Appeal is hearing a case on the legality of convicting the registered owner of a driving offence without proof they were driving the vehicle.
Raymond Bernier won the right to appeal a guilty charge for two photo radar tickets he received.
When a vehicle is caught by photo radar for speeding or driving through a traffic light, it is not necessarily the driver that pays the price.
“Under section 229 of the highway safety act if you are the registered owner of the vehicle you are deemed to have care, charge and control and anything that happens to the vehicle you can be held responsible for,” said David Walker, who is a lawyer in Winnipeg.
Bernier felt that was against his constitutional right of being presumed innocent until proven guilty and he filed an appeal.