LS202 Lecture Notes - Lecture 10: Actus Reus, Corporate Liability, Absolute Liability
13 May 2015
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Background: charter rights and corporations, degrees of liability. At quebec appeal level, court sided with the company. Itl challenging ss 248 and 249 on consumer protection. Do age restrictions on ads (ss 248 & 249) violate charter ss. 248: no commercial advertising directed at persons under. 249: take into account: o nature and intent of purpose and goods in ad: manner of presenting ad o time/place it is shown. Ss 248 & 249 do violate charter 2(b) justified under section 1; section 7 does not apply. S 2(b) test for expression; not convinced itl would be harmed; limit on s 2(b) in children"s interest; s 7 applies to humans (not corporations) Absolute liability: only focus on actus reus, proof beyond reasonable doubt (ex. Regulatory offences: proof beyond a reasonable doubt, accused can prove due diligence, middle ground between absolute liability and mens rea offences, case: sault ste marie.
