by Betserai » Tue Jul 08, 2014 12:48 am
Hi Jack, thanks for writing!
Unfortunately, traffic offences are absolute liability offences. By law that means that intent(mens rea) does not need to be proven to convict on traffic offences, simply that the offence was committed is sufficient to convict. Provinces that allow photo radar or red light cameras have further established that in these cases the onus is on the registered owner of a vehicle to be accountable for the operation of that vehicle, whether or not the owner is the operator of the vehicle at the time the traffic offence was committed. Demerits are not incurred when a red light camera or photo radar ticket is received as the camera can not identify the vehicle's operator.
If you believe that your vehicle was not being driven by anybody else, you may dispute the charge. Furthermore if the vehicle was being operated but not with your permission you may also dispute the charge. Please contact the phone number listed on the letter to dispute the charge.
I hope this has helped, although not the answer you were looking for I'm sure.