LAW 602 Lecture Notes - Lecture 3: Due Diligence, Consumers Distributing, W. M. Keck Observatory
17 Apr 2016
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Law602 week four: strict liability and due diligence. Under approach adopted by supreme court in sault ste marie, accused has both opportunity to prove due diligence and burden of doing so. Objecive standard is applied under which conduct of accused is assessed against that of a reasonable person in similar circumstances: levis v tetreault, scc (2006) There is no onus on prosecuion to prove negligence on part of accused. It is not enough just to raise reasonable doubt when assessing due diligence defence crown is not required to disprove due diligence beyond a reasonable doubt. Burden on accused to raise reasonable doubt is not as great as burden on accused in strict liability ofence to establish due diligence by a balance of probabiliies: r v strang, nsca (1992) Court is not to speculate on cause of failure in quesion, then atempt to apply the test of reasonableness.
