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Regulatory Offences.docx

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University of Waterloo
Legal Studies
LS 202
Frances Chapman

Regulatory Offences Tuesday, February 26, 2013 9:43 AM Introduction  S. 91 of the Constitution Act says that the FEDERAL parliament has the authority to decide what are crimes  Quasi-Criminal Offence o A non- criminal offence that carries a penalty similar to that of a criminal offence but that is subject to less complex ourt procedures than are criminal offences. For example traffic and workplace safety offences  Provinces o Highway Traffic Act Regulatory Offences  A non-criminal offence that regulates conduct in the public interest, such as securities regulations. Regulatory offences are often dealt with at administrative tribunals and not in a court setting  Due Process o Procedural fairness; this means that the procedures are fair, lawful, impartial etc  Government delegates powers to agencies o Set standards and regulations o Powers  Fines  Send back to prison  Revoke licences  Deportation  Impartial bodies ensure that the government's authority is exercised in a fair and non- discriminatory way  Members o Specialized knowledge, training, education and/ or experience o Should have autonomy o Act according to regulations and legislation o Question of jurisdiction Use of Regulatory Offences  Minimum standards of conduct  Federal, Provincial, Territorial False or misleading advertising, the production of dangerous products, regulations regarding the handling and packaging of food products, pollution controls, safety issues in the workplace, standards for weights and measures, the control of natural resources  Public policy objectives True Crimes and Regulatory Offences  True Crimes o Inherently wrong - harmful to the population o More severe penalties, social stigma and criminal record  Regulatory Offences o Lawful o Protect the public from actions of business, industry etc o Less serious?? o Quasi-criminal, quasi-judicial powers Absolute Liability  True crimes - Crown must prove all elements b.a.r.d.  Regulatory offences - Crown just prove the actus reus  Many thought unjust o Fault irrelevant  Ping Yuen (1921) - soft drinks - no way to know other than open bottles o Alcohol in your pop Pros of Absolute Liability Cons of Absolute Liability  Too many loopholes for indivi
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