Casual Legal: Collecting evidence for bylaw prosecutions

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. 

By Justine Fay 

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider

The bylaws passed by a municipality are only efficient in curbing or promoting certain behaviours if they can and are successfully enforced. 

A bylaw conviction is a quasi-criminal offence. This means that prosecutors of bylaw breaches must prove each element of the offence beyond a reasonable doubt. This is challenging without a strong evidentiary record.   

When investigating a bylaw infringement and issuing tickets, it is important that enforcement officers build a solid evidentiary file in support of the charges. Here are some examples of useful evidence that will assist a bylaw prosecutor in obtaining a conviction: 

• Photographs. The file should include the name of the person who took the photograph, as well as the date, time, and location in which the photo was taken.
• Records. Some examples are the Certificate of Registration for motor vehicles, planning documents for developments, and licensing information for dogs and other animals. If the officer needs to contact someone in another municipal department to provide them with these records, that person’s name and contact information should be included in the file.
• Witness statements. If there is a civilian witness, the officer should ask them to complete a written statement to place on the file. This should also include the name and contact information of the witness.
• Maps or diagrams of the scene. These should include the date and time that these records were created, and information about the source (for example, a screenshot of Google maps, a diagram software, and so on). 
• Detailed notes. While notes will not be submitted as an exhibit in court, officers may use their notes to refresh their memory and give live testimony while on the witness stand.  

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310-MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.