Law360 Canada ( May 13, 2021, 6:21 AM EDT) -- Appeal by the accused, Bernier, from a summary conviction appellate decision affirming the constitutionality of the photo radar speeding offence provisions. The accused was charged with two counts of speeding as owner of a vehicle detected by photo radar. He defended the tickets on the basis that the relevant provision, s. 229 of the Highway Traffic Act, was unconstitutional, as it required rebuttal of the presumption that he was the driver. The accused submitted that the provision contained an impermissible reverse onus that violated the presumption of innocence. The accused was convicted at trial. The conviction was upheld by a summary conviction appeal court. The accused obtained leave to appeal to the Court of Appeal....