LAW 534 Lecture 4: Lecture 4.docx
17 Apr 2015
School
Department
Course
Professor
Document Summary
Transport robert case: ,000 fine against individual in a regulatory offence where due diligence is not available. Sec 5: no defence of the charge the defendant argued due diligence absolute liability . Too much social stigma, cause me to lose dignity in society, unconstitutional. The court of appeal ruled: offence of absolute liability, even when enforced with large fines the charter doesn"t protect you. Statute induced psychological stress: court did not buy this argument because any charge arguably leads to state induced psychological stress. There is no charter right to be free of stigma. The court stresses that regulated industries make profit, and participation in such industries does not create serious state-imposed psychological stress, which could engage charter protection. If statute is silent: due diligence defence: wording such as intention, knowledge, recklessly means mens rea. Honest and reasonable belief = mens rea: legal onus placed on accused: strict liability offence.
