A truck driver who had to stop on the side of the road due to a gas leak should not be held responsible for the parking ticket he received, as ruled by a judge in Saskatoon. The case was brought before Justice Shawn Smith at the Court of King’s Bench after a justice of the peace initially decided to dismiss the ticket with no penalty due to sympathy for the driver.
The City of Saskatoon contested this decision, arguing that the $60 fine ($35 if paid within 14 days) was mandatory. When the city’s appeal reached Smith, he requested the prosecutor to consider the defense of necessity, which she did willingly.
According to the prosecutor, the defense of necessity applies when an individual takes action to avoid immediate danger, making compliance with the law impossible. In his ruling on January 5, Smith found this defense applicable in this case.
Describing the incident that led to the parking ticket, Smith explained that the driver, while driving an older truck, detected a gas odor. Another driver alerted him to a gas leak from his truck, prompting him to pull over immediately. The driver contacted a relative for assistance, who arrived within minutes. Despite the quick response, a parking ticket was issued during this time.
Smith emphasized the imminent danger posed by the leaking gas, highlighting the risk of fire and explosion. The driver’s quick action to address the hazard and arrange for towing was deemed appropriate by the judge. While acknowledging the justice of the peace’s error in not imposing the fine, Smith concluded that there should not have been a guilty verdict in the first place and declared the driver not guilty.