Quirk v. Kelly

Halpern, J. (dissenting).

The majority memorandum, in my opinion, misconceives the nature of the document supplied by the Canadian authorities upon the basis of which the commissioner acted. It does not purport to be a formal certificate of conviction issued by the Magistrate. It purports to be, and it is, a certificate by J. P. Bickell, the Registrar of Motor Vehicles of the Department of Highways of Ontario, of the fact that, according to his records, the petitioner had been convicted of the “ offence of operating a motor vehicle while ability impaired ” in violation of section 223 of the…