A truck driver, with a leaking gas tank, halted on the roadside and was deemed not liable for a parking ticket by a judge in Saskatoon. The case reached Justice Shawn Smith at Court of King’s Bench following an initial ruling of no penalty by a justice of the peace, who showed understanding towards the driver’s situation.
The City of Saskatoon challenged this decision, arguing that the $60 fine ($35 if paid within 14 days) was mandatory. When the city’s appeal was reviewed by Smith, he prompted the prosecutor to explore the defense of necessity, which she did willingly.
The defense of necessity applies when someone takes action to avoid immediate danger that makes following the law impossible, as per the prosecutor’s submission cited in Smith’s decision. Smith’s ruling on January 5 confirmed that this defense applied in the case.
Describing the events leading to the ticket, Smith recounted that the driver, sensing gas while driving an older truck, was alerted by another driver pointing out the gas leak. The driver promptly pulled over upon seeing the leaking fuel, contacted a relative for towing assistance, and the vehicle was moved within minutes.
During this time, a parking official issued a ticket, although there was a discrepancy in testimonies about how the ticket was given. However, it was undisputed that the gas leak posed a significant risk of fire and explosion due to the heat from the vehicle.
Smith emphasized that the driver’s aim was not to park but to eliminate the hazard and have the truck towed, which he deemed appropriate. While acknowledging the error of the justice of the peace in not imposing the fine, Smith declared the driver innocent and overturned the guilty verdict.