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Judge orders new trial for man who sped through Indian reserve |
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Written by THE CANADIAN PRESS
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Wednesday, 02 July 2008 |
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VERNON, B.C. - A man whose speeding ticket was tossed out of court because he was caught by police while driving through a First Nations reserve will have to face a new trial.
Police recorded Raymond Bonneau going 93 km/h in a 60 km/h zone through the Okanagan Indian reserve near Vernon, B.C. A provincial court judge acquitted Bonneau, ruling that the Crown didn't prove that the road through the reserve was a highway as defined by the Motor Vehicle Act.
The judge believed the sign telling motorists they were within the Okanagan Indian Reserve indicated Westside Road was for private use.
The Crown appealed the decision, arguing the road was used by the general public, so it fit the description of a highway under the law and Bonneau should pay the $138 fine.
B.C. Supreme Court Justice Robert Powers ordered a new trial, ruling the lower court judge was in error when he decided the Crown didn't prove beyond a reasonable doubt that the road was a public highway.
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