CRM 2300 Lecture 17: Lecture 17.doc
24 Apr 2014
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R v sault ste marie, quasi criminal, create a new category of offences called strict liability offences (public welfare offences, provincial offences where you are regulating something, purpose of criminal law is to maximize liberty, concerned with subjective tests, below the line, still worry about blameworthiness, can convict on the a/r alone but the defendant can prove he had an excuse (defense of. If they can show this, they will not be convicted: show that he took reasonable steps and thought about it, objective test with a subjective defense, don"t have to ask m/r questions, but when you get to the defense or excuse strange, it becomes an objective test to see if they did their due diligence, and thought about it, and they are acquitted, courts are always trying to push things up the chart, after the charter was passed, the scc: section 7: life, liberty and security of the person and the principles of fundamental justice.
