A truck driver, whose vehicle was leaking gas, was forced to stop on the roadside and should not be held responsible for a parking ticket he received, as ruled by a Saskatoon judge. The case was brought before Justice Shawn Smith at the Court of King’s Bench following a justice of the peace’s initial decision to grant an absolute discharge on the ticket, showing sympathy towards the driver.
The City of Saskatoon contested this decision, arguing that the $60 fine ($35 if paid within 14 days) was mandatory. When the appeal reached Smith, he instructed the prosecutor to explore the defense of necessity, which she did willingly.
The defense of necessity applies when an individual takes action to avert immediate danger that renders compliance with the law impossible. In a decision dated Jan. 5, Smith concluded that this defense was applicable in this situation.
The circumstances leading to the parking ticket issuance were outlined by Smith. While driving an older truck, the driver detected a gas odor. Another driver signaled him about gas leaking from his vehicle, prompting him to pull over and observe fuel gushing out of the gas tank. He parked on the sidewalk, called a relative for towing assistance, and within a few minutes, the vehicle was being towed.
During this time, a parking attendant issued a ticket. Although there was a discrepancy in the accounts of the attendant and the driver regarding how the ticket was given, it was undisputed that the truck had to be stopped due to the gas leak, posing a risk of fire and explosion.
The driver’s immediate concern was addressing the hazard and arranging for the vehicle to be towed, not parking improperly. Smith acknowledged an error in the justice of the peace’s decision not to impose the fine but asserted that there should have been no guilty verdict in the first place. Consequently, the driver was acquitted of the charges.