This case contains a discussion about wilful blindness. Garret Cole received a notice of intent to prohibit in the mail from the Superintendent of Motor Vehicles at the beginning of August of 2011 that advised him he could have the prohibition reviewed. Mr. Cole did pay the fee and had the review conducted. On the 21st of September 2011 he received a certificate from the Superintendent notifying him of a driving prohibition. Mr. Cole was stopped by police while driving in Courtenay, B.C. on October 14, 2011 and was charged for driving while prohibited.
At trial, Mr. Cole did not deny that he had received the letter from the Superintendent, just that he had never read it and did not know that he was prohibited from driving on October 14, 2011. He gave a number of reasons for not reading the contents of the envelope.
Judge Sutton decided that Mr. Cole decided not to open the envelope, even in the face of the notice of intent and the review that came before it. This constituted wilful blindness and had he opened the envelope rather than deliberately ignoring it, he would have know that he was prohibited from driving. A conviction was entered to the charge.
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