CRM 200 Lecture Notes - Lecture 9: Regulatory Offence, Jean-De-Dieu Soult, Due Diligence
14 Dec 2015
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Require crown to prove prohibited act but not require proof of any fault element such as knowledge or negligence. That takes away the defenses ability to explain their: cons side, pro. Encourage people and companies to engage in high levels of diligence. Availability of imprisonment: they have the right to take away freedom to life. R. v. pierce fisheries ltd. (1970: court recognized them as an al offense due to them possessing undersized lobsters. There"s not much punishment for this offense so they are more lenient in giving al convictions. These laws are usually around regulatory offences that are aimed to protect the public: environmental, dangerous driving (cid:1) (cid:1) Marie (city) (1978: presumption against al unless legislature clearly indicated intent to the opposite. Unless legislature indicated they wanted to make offense al then court would hold presumption to rule against al. Determining legislative intent: subjective matter and regulatory pattern of legislation.
