Does a Traffic Safety Court Justice of the Peace (JPS) have any authority or authority to reject or reject the evidence presented by the defence?
Saskatchewan, Canada
The following excerpt is from R. v. Seib, 2002 SKQB 48 (CanLII):
The Traffic Safety Court Justice of the Peace also erred in relying on personal experiences involving speeding semi-trailer units to reject the evidence presented by the defence. Although a trial judge can take judicial notice of certain well established facts, verdicts must be based on the evidence or lack of evidence adduced at trial, not on matters outside the scope of the trial. It is also evident that he was not alive to and misconstrued the nature of the technical evidence presented on behalf of the accused. This as well constitutes an error of law justifying the intervention of the appeal court. Macdonald v. R., 1976 CanLII 140 (SCC), [1977] 2 S.C.R. 665 at 673.
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